-NRLF 


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REGISTRATION 


AND 


Election  Laws 


OF  THE 


State  of  Delaware 


Incorporating  Recent  Amendments  Thereto. 


Published  by  Authority  of  a  Senate  Joint  Resolution  by 
Joseph  L.  Cahall,  Secretary  of  State. 


REGISTRATION 


AND 


ELECTION  LAWS 


OF  THE 


STATE  OF  DELAWARE, 


Incorporating  Recent  Amendments  Thereto, 


PUBLISHED  BY  AUTHORITY  OF  A  SENATE  JOINT  RESOLUTION 
BY  JOSEPH  L.  CAHALL,  SECRETARY  OF  STATE. 


1906 

PRESS  OF  THE   DELAWAREAN, 
DOVER,  DEL. 


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(b 

O 


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CHAPTER  240,  VOLUME  23. 

Senate  Joint  Resolution  authorizing  the  Secretary  of  State  to  have  printed 

the  Election  Laws. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

That  the  Secretary  of  State  be  and  he  is  hereby  authorized 
and  directed  to  have  printed  in  pamphlet  form  with  an  index 
thereto,  two  thousand  copies  of  the  Election  and  Registration 
Laws  with  the  recent  amendments  thereto,  for  the  information 
of  those  who  register  the  vote  and  hold  the  elections  of  this 
State. 

Approved,  March  30,  A,  D.  1905. 


25716? 


PREFACE. 


In  compliance  with  Senate  Joint  Resolution  authorizing 
the  publication  of  two  thousand  copies  of  the  Election  Regis- 
tration Laws,  I  have  included  the  recent  amendments  thereto, 
since  the  publication  of  the  first  compilation  thereof,  together 
v/ith  Chapter  393,  Volume  20,  being  "An  Act  to  provide  for  the 
purity  of  Primary  Elections  in  New  Castle  County,"  making 
the  present  Volume  in  all  respects  similar  to  the  previous  publi- 
cation of  Election  and  Registration  Laws,  except  that  I  have 
included  in  one  pamphlet  all  of  the  said  Laws,  whether  applica- 
ble to  the  City  of  Wilmington  or  the  State  outside  of  said  City. 

The  especial  attention  of  the  Registrars  and  Election  offi- 
cers generally  is  called  to  the  amendments  made  in  the  books 
styled  "Registers"  as  to  "color"  and  "age,"  found  in  Chapter 
64,  Volume  22;  to  the  amendment  made  providing  for  the 
marking  of  official  ballots  by  indelible  black  lead  pencils  or 
crayons  instead  of  stamps,  published  herein  in  Chapter  62,  Vol- 
ume 22 ;  to  "An  Act  creating  the  office  of  Voters  Assistant  and 
prescribing  the  duties  thereof,"  found  in  Chapter  63,  Vol.  22 ; 
to  an  Act  relating  to  appeals  from  decisions  of  Registrars  pub- 
lished as  Chapter  56,  Volume  23 ;  and  to  an  act  changing  time 
for  opening  polls  in  City  of  Wilmington,  published  as  Chapter 
57,  Volume  23. 

JOSEPH  L.  CAHALL, 

Secretary  of  State- 


,    »  »  >     >       Ba 
J      >      »     >         > 


0     s  «  > 


CHAPTER  35,  VOLUME  21. 

AM  ACT  concerning  the  appointment  of  Registration   Officers  and  the 
preparation  and  delivery  of  Registration  Books. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  i.     The  Governor  shall,  sometime  in  the  month  of  Governor  to 
June  in  each  year  in  which  a  general  election  is  held,  appoint  in  appoint  Regis- 
each  election  district  in  this  State,  outside  of  the  City  of  Wil- 
mington, three  capable  persons,  who  shall  be  voters  and  resi-  Number. 
dent  in  the  Election  District  for  which  they  shall  be  appointed,  Qualifications. 
who  shall  be  the  registration  officers  of  the  Election  District  for 
which  they  are  appointed ;  one  of  whom  shall  be  designated  as  Designation. 
"Registrar,"  and  the  other  two  "Assistant  Registrars,"  and  not 
more  than  two  of  them  shall  be  of  the  same  political  faith ;  pro-  Politics. 
vided,  that  the  number  of  registration  officers  in  each  Represen- 
tative District,  shall  be  divided  as  equally  as  possible  between 
the  two  leading  political  parties,  as  the  same  shall  be  determ- 
ined upon  by  the  Governor  at  the  time  of  making  the  appoint- 
ments.    For  each  appointment  accredited  to  any  political  party  Apportionment 
under  this  section  the  County  Executive  Committee  of  such  00-  between  two 

,...       1  J  1      11     r  •    ,        1         ^  1      r  11^        leading  parties. 

ntical  party  shall  furnish  the  Governor  on  or  before  the  first 

day  of  June  of  the  year  in  which  said  appointment  is  to  be  t^on°of"Ime^s'. 

made  a  list  of  three  names  of  properly  qualified  persons,  from 

which  lists  the  Governor  shall  make  his  appointments.     Pro-  t-       . , 

•111  1  •!■     ^  •  ^   1-  r  r  -11  li™e  of  fur- 

vided,  however,  that  if  the  said  lists  of  names  are  not  furnished  nishing  names, 
as  aforesaid,  then  and  in  that  event  the  Governor  shall  appoint 
some  suitable  person  or  persons  of  such  political  party  having  Failure  to  fur- 
all  the  quaHfications  provided  by  this  section.  nish  names. 

Provided,  however,  that  in  the  case  of  the  Registration  of-  Registration 
ficers  to  be  appointed  in  this  present  year  nineteen  hundred  and  officers  for  isgs. 
four,  the  appointment  of  the  said  Registration  officers  shall  be 
made  sometime  between  Saturday,  the  eleventh  day  of  June,  Time  of 
and  Saturday,  the  twenty-fifth  day  of  June  in  said  year ;  and  appointment, 
provided  further,  that  the  lists  of  names  to  be  furnished  by  the 
County  Executive  Committees  from  which  the  appointments  of  Time  of  fur- 
such  Registration  officers  shall  be  made,  with  regard  to  those  "'^^'"^  names, 
to  be  appointed  in  the  year  aforesaid  shall  be  furnished  not 
later  than  Saturday,  the  nth  day  of  June  in  the  year  aforesaid. 
The  terms  of  office  of  such  Registration  officers  shall  begin  on  xerm  of  office^ 
the  first  Tuesday  in  July  next  after  their  appointment,  and  shall 
continue  for  two  years  thereafter,  and  until  their  successors 
shall  be  duly  chosen  and  qualified. 


8 


WhenAlternate 
Registrar  acts. 


Towers  and 
duties. 


:S'L  Re^irJfof  oVclflf  le°le*:.ater;A  t?-?''^""^^ 

who  shall  be  a  vot^r  an^d  resTde™  if  "?h'/?%-"P"5'.<=  P"'°"' 
x„„o.o«..  which.he  shall  be  appo^l^^to't'-A^t  r  at?R"e4strar"  [or 

the  said  election  d  strict  The  tprm  of  r.f(^l  t  -/.fr,  ^°^ 
Registrar,"  shall  be  the  same  IsThat  ni\u  'p  ^  'Alternate 
whenever  the  Registrar  provided  fori  This  Ac't  ^hallt/"'  '"' 
ab  e  from  any  cause  whatsoever  of  performing  th.  H  r    '^P' 

tii:^.l^  r-s??a?."  '■-  p--"^  ^o''r„fptc.^ 

So"t^a'r  ^'^  ,,^     ";,  B"t  nothing  herein  contained  shall  authorize  or  em 
power  the  Alternate  Registrar  to  act  at  anv  time  when  there  1" 
a  Registrar  of  the  election  district  able  and  wihing  and  presen 
to  act.     If  any  Registration  officer  or  Alternate  Registrar  shTi 
lemove  from  the  election  district  for  which  he  shall'be  anno  nf 

^om^vtlt;^^^  '^  ''  '  '-'-  ''---'  ^-  offict  ther:upr^be: 

of  J^^'  .  ^^  ^"/  ';^c^"cy  or  vacancies  should  occur  in  the  office 

fore  ife  r'-  ^.''''''f  ^f^^^^^^^'  ^'  Alternate  Regis trai  be- 
foie  the  expira  ion  of  such  term,  from  any  cause  whatsoever 
tle  Governor  shall  appoint  some  suitable  person  oi  persons  to 
fil  such  vacancy  or  vacancies,  who  shall  serve  for  the  residu? 
of  such  unexpired  term  or  terms,  who  shall  possess  the  sLne 
qualifications  and  be  qualified  in  the  same  mannSr  possess  the 
same  powers  and  perform  the  same  duties  as  the' or°t  S    t- 

^TllnJX''''T-    .^f'   ^^^^^^'■^^'   Assistant   R^Sstr^r 

office     halT  fa  £'fT''/''^°r  f '/""^  "P°"  '^'^  ^"ties^of  his 
omce,  shall  take  and  subscribe  before  the  Clerk  of  the  Peace 

affi    ^'  .^^""'^  \"  7^^^'^^  ^''  ^^^^"  ^^^i^le  the  following  oath  o? 

TzTcrto^TdU's^fr:'^  ''''  ""'"'^  °^  ''''  ^^^  ^^  ^--'?>-  -'^'-'- 

Pn -.!>'.  solemnly  swear  (or  affirm)  that  I  will  support  the 
■Sta  e  of  n  ?  °^  '^''  ^."^^  ?'"'^^'  ^"^^  t'^^  ConstitutioL  of  the 
of  til  offi  ?!?'  ^-'f  ^^'^}  ^  '''^"  faithfully  discharge  the  duties 
of  the  office  of  Registrar  or  Assistant  Registrar  or  Alternate 
Registrar  for  . Election  District  in" Re,  resen- 

fairly,  impartial  y  and  according  to  the  best  of  mv  abilitv ;  that'l 
am  a  ci  izen  of  the  United  States,  and  of  the  State  of  Delaware, 
and  i  am  not  a  candidate  tor  any  office  to  be  voted  for  by  the 


Vacancies  in 
office  of 
Registration 
officers 


Governor  to  fill 
vacancies  for 
residue  of  term 


"Qualifications. 


Oath. 


IForm  of  oath. 


•electors  of  the  election  district  for  which  I  am  appointed  Regis- 
trar (Assistant  Registrar  or  Aletrnate  Registrar),  and  that  I  am 
a  quaHfied  voter  in  said  election  district." 

IV.     Should     the     said  Registrar  (Assistant  Registrar  or  Becoming 
•either  of  them  or  Alternate  Registrar)  after  taking  said  oath  offi"e'ufcrJai 
and  before  entering  upon  the  active  duties  of  said  office  become  a  vacancy 
;a  candidate  for  any  office  to  be  voted  for  by  the  electors  of  the 
election  district  for  which  he  is  appointed  Registrar,  Assistant 
Registrar  or  Alternate  Registrar,  the  said  office  shall  ipso  facto 
become  vacant  and  be  filled  by  the  appointment  of  another  per-  vacatfcies. 
son  to  the  same.     After  any  Registrar,  Assistant  Registrar  or 
Alternate  Registrar  shall  have  entered  upon  the  active  duties         rstobe 
of  his  office  he  shall  thereby  become  ineligible  to  any  office  to  ineligible  to 
be  voted  for  at  the  next  ensuing  general  election.  °^'^^- 


*t>  &' 


Section  2.     Each  and  every  person  appointed  as  aforesaid  Qualification 
to  act  as  Registrar,  Assistant  Registrar  or  Alternate  Registrar  ^^'  °^'^- 
■shall  qualify  as  such  Registrar,  Assistant  Registrar  or  Alter- 
nate Registrar  by  taking  or  subscribing  the  oath  or  affirmation 
prescribed  in  the  preceding  section,  within  ten  days  after  being 
notified  of  his  appointment,  and  shall  perform  the  duties  of  the 
office  for  the  term  for  which  he  was  appointed,  unless  he  shall 
become  disqualified  by  sickness  or  otherwise ;  but  any  Regis-  Time 
trar.  Assistant  Registrar  or  Alternate  Registrar  who  shall  be 
appointed  to  fill  a  vacancy  shall  qualify  forthwith. 

If  any  Registrar,  Assistant  Registrar  or  Alternate  Regis-  Refusal  to 
trar  who,  being  appointed  either  for  a  full  term  or  to  fill  a  va-  '^"^'y*" 
cancy,  shall  refuse  to  qualify  as  aforesaid,  or,  having  qualified, 
shall  fail  or  refuse  to  perform  any  of  the  duties  of  said  office  he 
shall  forfeit  and  pay  to  the  State  a  fine  of  one  hundred  dollars 
upon  conviction  thereof  by  indictment  in  the  Court  of  General  Penalty, 
'Sessions  of  the  county  where  such  offence  was  committed. 

The  Registration  officers  aforesaid  during  the  time  they  Exemption 
hold  such  office  shall  be  exempt  from  the  performance  of  mill-  MuTtary^dutj 
tary  and  jury  duty,  and  no  person  who  by  the  laws  of  this  State  Exemption 
is  exempt  from  jury  duty  shall  be  required  to  serve  as  Registra-  asTef^u-ati. 

tlOn   officer.  officers. 

Section  3.     It  shall  be  the  duty  of  the  Governor  to  cause  preparation  < 
the  following  books  to  be  prepared,  at  the  expense  of  the  State,  books, 
for  the  use  of  the  said  Registration  officers  in  each  election  dis- 
trict in  this  State  including  those  in  the  City  of  Wilmington  for 
the  registration  of  names  and  facts  following,  to-wit : 

I.     Two  books  for  the  Registration  officers  in  each  elec-  Registers. 
tion  district,  including  those  in  the  City  of  Wilmington,  to  be 
Iknown  by  the  general  name  of  "Registers,"  and  to  be  so  ar- 


lO 

ranged  as  to  admit  of  the  convenient  entry  of  the  following  par- 
ticulars : 

Entries.  F'irst.     The  name  of  the  person  applying  to  be  registered^ 

written  in  full  (or  his  first  christian  name,  and  also  any  other 
name  by  which  he  is  generally  known,  written  in  full,  with  the 
initial  or  initials  of  any  other  name  or  names  which  he  may 
have  in  addition  thereto.) 

Second.     Whether  his  registration  fee  is  paid  or  unpaid.. 

*Third.     His  color. 

tFourth.     His  age. 

Fifth.     The  place  of  birth. 

Sixth.  The  place  of  his  residence,  of  street  and  number,  if 
any,  and  his  post  office  address. 

Seventh.  The  time  of  his  residence  in  the  State,  county^ 
and  election  district  in  which  he  shall  apply  to  be  registered. 

Eighth.     If  naturalized. 

Xinth.     If  registered  voter. 

Tenth.     If  disqualified. 

Eleventh.     Date  of  application  for  registration. 

Twelfth.     If  challenged. 

Thirteenth.     Cause  of  challenge. 

Fourteenth.     Appeal. 

Fifteenth.     Remarks,  explanatory  and  supplementary. 

siyie  of  books.  H-     Such  Registers  shall  be  uniform  in  their  general  char- 

acter, shall  be  ruled  in  parallel  columns,  and  shall  be  of  such 
size  as  to  contain  not  less  than  fifteen  hundred  names. 

Ruling  and  ^I-     The  ruHug  and  the  heading  in  the  above  described 

headings.  Registers  shall  be  substantially  in  the  form  following,  to-wit : 

Name 

Registration  Fee 

*Coior 

tAge 

Nativity 

Residence 

::::'';;..".'.'.'.'.;.cSi^^v* ;■.;■.;■■.■■.;■.■.;  |    jermof 

Election  District   ....     1       Residence. 

Naturalized    

Registered  Voter 

Disqualified    

Date  of  Application   

If  Challenged 

Cause  of  Challenge 


♦Amended.    See  Chapter  64,  Volume  X.XII. 
tAmended.    See  Chapter  64,  Volume  XXII. 


II 


.Appeal  . 
.Remarks 


Second.     Tw^  books  for  the  Registration  officers  of  each  le^stg'^g^j 
election  district,  to  be  known  by  the  name  of  "Books  of  Regis-  voters, 
tered  Voters."     Lists  of  all  persons  whose  names  may  be  en- 
tered on  the  aforesaid  as  "registered  voters."     Said  books  to 
be  ruled  in  parallel  columns  and  so  arranged  as  to  admit  of  the  Rulings. 
convenient  entry  in  alphabetical  order  of  the  name  of  every  per- 
son who  may  be  entered  on  the  registers  aforesaid  as  a  "Regis- 
tered Voter,"  and  in  the  parallel  column  opposite  the  name  of 
such  person  the  following  particulars,  to-wit: 

First.     His  residence. 

*Second.     His  color. 

fThird.     His   age,  if  it  is  between  the  age  of  twenty-one 
and  twenty-two  years  on  the  day  of  the  next  general  election. 

Fourth.     A  book  to  be  known     as     "Registration  Certifi- 
cates," to  contain    not    less    than    fifteen  hundred  blanks  and  Registration 
printed  in  manner  and  form  as  hereinafter  provided. 

Section  4.     The  Sheriff  of  each  County  shall,  some  time  Delivery  of 
previous  to  the  last  Saturday  in  the  month  of  July,  in  the  year  gheriV'^ 
of  holding  the  general  election,  deliver  to  the  Registrar  of  each 
election  district     of     his     county,  two  of  the  books  known  as 
"Registers,"  two  of  the  books  known  as  "Books  of  Registered 
Voters,"  and  a  book  of  Registration  certificates  hereinbefore 
provided  for;  which  said  books  addressed  to  the  Registrar    of  Governor  to  de- 
each  election  district  of  the  County,  the  Governor  shall  cause  nver  books  to 
to  be  delivered  to  the  sheriflf  in  each  of  the  counties  of  this 
State  on  or  before  the  Third  Tuesday  in  July  in  the  year  of  where, 
holding  the  general  election. 

Section  5.  Each  of  the  said  Registrars  immediately  upon  Endorsement 
receiving  said  "Registers,"  "Books  of  Registered  Voters"  and  Re^fstrar^^ 
book  of  "Registration  Certificates"  shall  endorse  upon  the  back 
and  write  at  the  head  of  each  "Register,"  "Book  of  Registered 
Voters,"  and  "Registration  Certificates,"  delivered  to  him  as 
aforesaid,  the  name  of  the  county  and  the  name  of  the  election 
district  of  such  county  of  which  he  is  a  registrar  and  of  which 
such  books  shall  respectively  be  the  "Registers,"  "Books  of 
Registered  Voters"  and  book  of  "Registration  Certificates"  as 
aforesaid. 

Section  6.     All  Acts  and  parts  of  Acts  supplied  by  or  in- 
consistent with  this  Act  are  hereby  repealed. 

Approved  May  20,  A.  D.  1898. 

♦Amended.    See  Chapter  64,  Volume  XXII. 
tAmended.    See  Chapter  64,  Volume  XXII. 


12 


CHAPTER  z^,  VOLUME  21. 

AN  ACT  providing  for  a  Uniform  System  of  Begistration  of  all  Qualified 

Voters  in  this  State. 

Be  it  eyiaded  by  the  Seriate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

General  Regis-  Scctioii  I.     That  for  the  purposc  of  preventing:  fraud  at  all 

(ration  of  voters,  elections  held  on  the  Tuesday  next  after  the  first  Monday  in 
P'jrpose.  the  month  of  November,  as  provided  by  Section  i  of  Article  5 

of  the  Amended  Constitution,  and  facilitating  the  ascertain- 
ment of  those  who  are  duly  qualified  electors  according  to  the 
said  amended  Constitution  and  laws  of  this  State,  there  shall 
hereafter  be  a  general  registration  of  all  the  qualified  voters  res- 
ident in  each  election  district  of  this  State. 


Duty  of  Regis- 
tration officers. 


Sittings  for 
registration. 

Places. 


Hours. 


Days. 


Section  2.  It  shall  be  the  duty  of  the  Registrar  and  two 
Assistant  Registrars  appointed  in  each  election  district  in  this 
State  to  register  the  names  of  all  qualified  voters  in  each  of 
such  election  districts  as  hereinafter  provided  in  this  Act.  And 
to  that  end  shall  sit  for  the  purpose  of  ascertaining  and  regis- 
tering the  persons  who  are  qualified  to  enjoy  the  right  of  an 
elector  at  the  general  election  then  next  following,  at  such  pub- 
lic and  suitable  places  in  their  respective  election  districts  as 
will,  in  their  judgment,  be  most  convenient  for  the  voters  there- 
of, from  8  o'clock  A.  M.  until  7  o'clock  P.  M.,  with  an  intermis- 
sion from  12  to  I  o'clock,  on  the  three  successive  Saturdays  in 
August,  beginning  with  the  first  Saturday  in  August,  and  on 
the  third  Saturday  in  September,  and  on  the  third  Saturday 
next  preceding  the  day  of  election. 

Notices  of  places  Each  of  Said  Registrars,  at  least  ten  days  prior  to  the  first 

of  sitting.  sitting  for  the  purpose  of  registration  as  aforesaid,  shall  give 

public  notice,  by  advertisement,  posted  in  ten  or  more  of  the 
most  public  places  in  his  election  district,  of  the  places  where 
the  Registration  ofificers  shall  sit  for  the  registration  of  voters 
as  aforesaid,  and  the  day  or  days  when  they  will  sit  at  each  of 
said  places. 

Section  3.  The  Registration  officers  shall  admit  into  the 
room  in  wliich  registration  is  being  made  one  suitable  person 
to  be  selected  by  and  to  represent  each  of  the  political  parties 
having  tickets  to  be  voted  for  at  the  coming  election  the  appli- 
cants for  registration  (one  at  a  time)  and  such  witness  or  wit- 
nesses as  the  applicant  may  desire  to  establish  his  right  to  be 


Persons  who  are 
admitted  in 
room. 


13 

registered,  and  such  witness  or  witnesses  as  the  person  who 
challenges  the  right  of  any  applicant  to  be  registei-ed  as  he  may  Limitation  of 
name  provided,  however,  that  in  no  case  shall  there  be  more  ^^^nesses  in 

.  ^  .  .         -  .  .  room. 

than  one  witness  m  the  room  at  the  same  time,  and  provided 
further  that  no  other  person  or  persons  shall  be  admitted  into  other  persons 
the  room  during  the  registration  of  voters,  and  they  may  eject  "°'^^'"'"^^- 
from  the  room  any  of  such  persons  behaving  in  a  disorderly  Ejecting 
manner.  persons. 

Section  4.     The  Registrar  and  the  Assistant  Registrars  in  Registration 
each  election  district  in  this  State  shall  at  the  times  in  this  Act  o^^ers  to  meet, 
designated  for  registration  meet  in  their  respective  election  dis- 
tricts at  the  places  which,  as  provided  in  this  Act  shall  be  desig- 
nated for  such  meeting,  and  at  such  times  shall  do  and  perform 
the  following  acts,  viz  : 

First.     Upon  the  personal  application  of  any  one  to  be  collection  of 
registered,  it  shall  be  the  duty  of  the  Registrar  to  demand  and  Registration 
receive  of  the  applicant,  the  registration  fee  of  one  dollar,which 
shall  be  returned  to  the  said  applicant  if  his  name  shall  not  be 
entered  on  the  books  of  Registered  Voters  as    a    "Registered 
Voter." 

Second.  They  shall  record  in  the  registers  in  the  column  Recording  name 
head  "name"  the  name  of  every  male  person  who  shall  person-  ofappUcant. 
ally  appear  before  them,  and  apply  to  be  registered,  writing  his 
surname  and  first  Christian  name  in  full  and  also  any  other 
name  by  which  he  is  generally  known,  with  the  initial  or  ini- 
tials of  any  other  name  or  names  which  he  may  have 
in  addition  thereto,  the  surname  being  written  first.  The  names 
of  said  applicant  for  registration  shall  be  numbered  consecu- 
tively in  the  order  of  their  application,  the  number  being  en- 
tered on  the  Registers  in  figures  immediately  before  each  name. 

Third.     They   shall   examine   all   persons,   who  personally  Examination  of 
apply,  as  to  their  qualifications  as  electors,  and  shall  immediate-  applicants  and 
ly  enter  in  the  Register  the  statements  and  facts  below  set 
forth,  and  in  the  manner  following,  viz : 

I.     In  the  column   headed  "Registration   Fee"   the  word  Registration  fee. 
"paid"  or  "unpaid,"  as  the  case  may  be. 

*IL     In  the  column  headed  "color,"  they  shall  enter  his  coior. 
color. 

till.     In  the  column  headed  "age,"  the  age  of  the  appli-^ge. 
cant. 

IV.     In  the  column  headed  "nativity,"  they  shall  enter  the  Nativity. 

♦Amended.     See  Chapter  64,  Volume  XXII. 
•j-Amended.     See  Chapter  64,  Volume  XXII. 


14 


Residence. 


Term  of 
residence. 


Naturalization. 


Registered 
voter. 


Disqualified. 


Qualifications 
for  registration 
as  qualified 
»'0ters. 


Who  may  not 

acquire 
residence. 


Disqualifica- 
tions. 


State,  territory  or  country  in  which  the  applicant  states  he  was 
born. 

V.  Under  the  cokimn  "residence"  the  name  and  number 
of  the  street,  avenue,  or  other  location  of  the  dwelling,  if  there 
be  a  number,  and  if  there  shall  not  be  a  number,  the  post  office 
of  the  person  so  applying  for  registration,  or  such  other  clear 
and  definite  description  of  the  place  of  said  dwelling  as  shall 
enable  it  to  be  readily  ascertained,  fixed  and  determined. 

VI.  In  the  subdivision  of  the  column  headed  "term  of  res- 
idence," how  long  he  has  resided  in  the  State,  how  long  in  the 
County  and  how  long  in  the  election  district  in  which  he  applies 
to  be  registered. 

VII.  In  the  column  headed  "naturalized"  the  words  "yes" 
or  "no"  or  "native"  as  the  facts  shall  appear. 

VIII.  In  the  column  headed  "registered  voter,"  if  the  regis- 
tration officers  shall  be  satisfied,  upon  examination  or  other- 
wise, that  the  applicant  for  registration  is  entitled  to  be  regis- 
tered as  a  registered  voter,  they  shall  write  his  name  in  full  as 
written  in  the  first  column. 

IX.  In  the  column  headed  "disqualified,"  if  they  are  sat- 
isfied upon  examination  or  otherwise,  that  the  applicant  for 
registration  is  disqualified  as  an  elector  in  the  election  district 
in  which  he  shall  apply  to  be  registered,  a  line  shall  be  heavily 
drawn  in  ink  opposite  his  name  headed  "Registered  Voter"  and 
the  cause  of  his  disqualification  shall  be  briefly  stated  in  the 
column  headed  "disqualified,"  opposite  his  name  as  first  re- 
corded, and  a  line  shall  be  drawn  across  his  name  as  first  en- 
tered, but  in  such  manner  that  said  name  shall  remain  legible. 
Provided  that  every  applicant  for  registration  shall,  upon  pay- 
ment of  the  registration  fee,  be  held  and  considered  to  be  a 
qualified  voter,  if  he  be  a  male  citizen  of  this  State  of  the  age 
of  twenty-one  years  and  upwards,  or  who  will 'be  the  age  of 
twenty  one  years  on  or  before  the  day  of  election,  next  suc- 
ceeding his  registration,  and  will  have  resided  in  this  State  one 
year  next  before  such  election,  and  for  the  last  three  months 
thereof  will  have  been  a  resident  of  the  county,  and  for  the  last 
thirty  days  a  resident  of  the  election  district  in  which  he  may 
ofTer  to  vote  and  in  which  he  shall  have  been  duly  registered; 
provided  that  no  person  in  the  military,  naval,  or  marine  ser- 
vice of  the  United  States  shall  be  considered  as  acquiring  a  res- 
idence in  this  State,  by  being  stationed  in  any  garrison,  bar- 
rack, or  military  or  naval  place  or  station  within  this  State ; 
and  no  idiot,  or  insane  person,  pauper,  or  person  convicted 
of  a  crime  deemed  by  law  a  felony  or,  person  who  shall  have 
been  rendered  incapable  of  voting  by  reason  of  violating  Sec- 


15 

•tion  7  of  Article  5  of  the  Constitution  of  this  State  for  ten  years 
next  following  his  conviction  and  sentence  thereunder,  shall  be 
held  or  considered  a  qualified  voter. 

X.  In  the  column  headed  "Date     of    Application,"  they  Date  of 
:shall  enter  the  day  of  the  month  and  year  on  which  application  ^ppi'^a"©"- 
for  registration  is  made. 

XI.  In  the  column  headed  "if  challenged"  the  words  "yes"  challenges. 
or  "no." 

XII.  In  the  column  headed  "cause  of  challenge,"  they  Cause  of 
«hall  enter  the  objections  and  by  whom  made.  chaUenge. 

XIII.  In  the  column  headed  "Appeal"  they  shall  answer  Appeal 
•''yes"  or  "no." 

XIV.  In  the  column  headed  "remarks"  they  may  enter  Remarks, 
such  facts  or  statements  as  they  may  deem  pertinent  to  the 
■qualification  or  disqualification  of  the  applicant  as  an  elector. 

Fourth.     In  making  the  entries  hereinbefore  specified  the 
Registration  officers  shall  in  every  case,  make  such  entries  in  rf°rlgL"tratton 
the  columns  above  specified  opposite  the  name  of  the  applicant  of  applicants  in 

•  -11  1         •  r     1         T->        •  ■  case  of  QOUDt. 

to  whom  such  entries  are  intended  to  apply,  if  the  Registration 
officers  shall  be  in  doubt,  after  the  primary  examination  of  the 
applicant  for  registration,  and  upon  such  evidence  as  may  be 
immediately  obtainable,  whether  such  applicant  ought  to  be 
registered  as  a  registered  voter,  they  may  postpone  the  determ- 
ination of  the  matter  to  their  next  sitting  or  to  a  later  sitting 
at  the  request  of  the  applicant. 

Fifth.     It  shall  be  the  duty  of  the  Registration  officers  of  signing  each 
each  and  every  election  district  in  this  State,  upon  the  close  of  registration. 
each  day's  registration,  to  write  in  the  line  on  their  registers, 
immediately  below  the  last  person  registered  on  said  day  the 

words  "end  of  the  day's  registration,"  and  immediately 

under  said  entry  the  said  Registration  officers  shall  sign  their 

respective  names  with  the  proper  designation  of  their  office. 

The  said  entries  shall  in  no  way  interfere  with  the  numbering  Not  to  interfere 

of  the  names  of  the  persons  as  the  same  shall  be  entered  upon  o/'nameT.''^""^ 

said  registers,  but  the  same  shall  be  continued  as    if    the  said 

entries  had  not  been  made. 

Section  5.     If,  upon  the  personal  application  of  any  one  in  case  of 
to  be  registered,  he  shall  be  challenged  for  having  received  or  tribSfet^c.'! 
accepted,  or  for  having  offered  to  receive  or  accept,  or  for  hav-  °^^i^°'^rgj 
ing  paid,  transferred  or  delivered,     or    for    having  offered  or  ^ 
promised  to  pay,  transfer  or  deliver,  or  for  having  contributed 
•or  offered  or  promised  to  contribute  to  another  to  be  paid  or 
used  any  money  or  other  valuable  thing  as  a  compensation,  in- 


i6 


Form  of  oath. 


Oath  to  be 
conclusive 
evidence. 


False  oath, 
perjury. 

Refusal  to  make 
oath. 


Entry  of 
disqualification. 


Entries  in  books 
of  registered 
voters  in 
presence  of 
applicant . 


Certificate  of 
registration. 


Form  of 
certificate. 


ducement  or  reward  for  the  registering  or  abstaining  from  reg- 
istering  of  any  one  qualified  to  register,  it  shall  be  the  duty  of 
the  Registrar  to  administer  to  the  person  so  challenged  an  oatb 
or  affirmation  as  follows,  viz: 

"You  do  solemnly  swear  upon  the  Holy  Evangels  of  Al- 
mighty God  (or  'You  do  solemnly  sincerely  and  duly  declare 
and  affirm')  that  you  have  not  received  or  accepted  or  offered 
to  receive  or  accept,  or  paid,  transferred  or  delivered,  or  offered 
or  promised  to  pay,  transfer  or  deliver,  or  contributed  or  off- 
ered or  promised  to  contribute  to  another,  to  be  paid  or  used,, 
any  money  or  other  valuable  thing  as  a  compensation,  induce- 
ment or  reward  for  the  registering  or  abstaining  from  register- 
ing of  any  one  qualified  to  register  at  the  registration  for  this 
present  year,  so  help  you  God"  (or  "so  you  do  solemnly,  sin- 
cerely and  truly  declare  and  affirm"). 

Such  oaths  or  affirmation  shall  be  conclusive  evidence  tO' 
the  Registration  officers  of  the  truth  of  such  oath  or  affirma- 
tion ;  but  if  any  such  oath  or  affirmation  shall  be  false,  the  per- 
son making  the  same  shall  be  guilty  of  perjury,  and  on  convic- 
tion thereof  shall  bar  any  prosecution  under  Section  8  of  Arti- 
cle 5  of  the  Amended  Constitution.  If  any  person  so  challeng- 
ed as  aforesaid,  shall  refuse  to  make  the  oath  or  affirmation 
above  prescribed,  then  it  shall  be  the  duty  of  the  Registration- 
officers  to  cause  a  line  to  be  heavily  drawn  in  ink  opposite  his 
name  in  the  column  headed  "Registered  Voter,"  ancf  the  col- 
umn headed  "Disqualified"  to  insert  the  words  "disqualified  for 
refusing  to  make  the  oath  concerning  bribery  at  registration," 
opposite  his  name  as  first  recorded,  and  a  line  shall  be  drawn 
across  his  name  as  first  entered,  in  such  manner  that  said  name 
shall  remain  legible. 

Section  6,  When  the  Registration  officers  of  any  election 
district  in  this  State,  at  any  of  the  sittings  hereinbefore  pro- 
vided for,  shall  enter  in  the  Registers  the  name  of  any  appli- 
cant for  registration  as  a  registered  voter,  they  shall  immediate- 
ly thereafter  enter,  in  the  presence  of  such  applicant,  if  he  re- 
mains in  attendance,  in  its  proper  alphabetical  place  in  the 
"Book  of  Registered  Voters,"  heretofore  provided  for,  the 
name  of  such  applicant,  and  also  his  residence,  and  color,  and 
his  age,  if  he  will  be  between  the  ages  of  twenty  one  and  twen- 
ty-two on  the  day  of  the  next  following  general  election. 

II.  And  the  Registrar  shall  give  to  each  person  who  is 
registered  as  a  registered  voter  and  who  may  request  it  a  cer- 
tificate to  the  following  effect : 

Election  District,  in  Representa- 
tive District,  in County,  State  of  Delaware. 


17 

Dated day  of ig 

I  do  hereby  certify  that has  this  day 

been  registered  as  a  registered  voter  in  the  election  district 
above  mentioned,  and  that  his  number  on  the  registers  is  num- 
ber  

(Signed)  

Registrar  for Election  District,  in    Repre- 
sentative District,  in   County. 

III.     The  said  Registration  officers  shall  within  one  week  printing  or 
after  their  third  sitting  as  aforesaid  cause  to  be  printed  not  less  ^i^s  of^^e'^fj. 
than  fifty  copies  of  the  alphabetical  lists  of  registered  voters  as  tered  voters, 
contained  in  the  "Book  of  Registered  Voters,"  together  with 
the  entries  opposite  the  names  in  said  books,  and  shall  within 
the  said  week  cause  one  of  said  printed  copies  of  each  of  said 
lists  to  be  posted  in  at  least  ten  of  the  most  public  places  in  posting  of  nsts,. 
their  election  district,  and  shall  use   the   remaining  copies   in 
such  a  manner  as  in  their  judgment  will  be  most  likely  to  secure 
publicity  and  general  inspection. 

Section  7.     Upon  the  affidavit  of  a  legal  voter  in  an  elec-  Review  of  deds- 
tion  district,  made  before  any  person  authorized  by  the  laws  of  ion  of  registra- 
this  State  to  adminster  oaths  and  represented  to  the  Registra-  affida^t? 
tion  officers  of  the  election  district,  of  which  said  affiant  is  a 
voter,  that  in  his  opinion  any  person  (naming  him)  is  illegally 
registered  in  such  election  districts  as  a  registered  voter  and 
setting  forth  the  reasons  therefor,  it  shall  be  the  duty  of  the 
Registration  officers  to  examine  into  the  matter  of  the  registra- 
tion of  such  persons,  and,  if  said  Registration  officers  deem  it  a 
proper  case  for  a  hearing,  notice  shall  be  given  to  such  person,  Hearing, 
either  personally  or  in  writing,  in  the  manner  hereinafter  pro-  Notice  of_ 
vided,  to  appear  before  the  said  Registration  officers  at  their 
next  sitting  to  show  cause  why  his  name  shall  not  be  stricken 
from  the  "Books  of  the  Registered  Voters"  of  such  election  dis- 
trict.    And  if  upon   examination   an   inquiry   the   Registration        .    . 
officers  shall  be  satisfied,  at  the  sitting  at  which  such  person  of  decision  to  ' 
had  notice  to  appear,  that  he  ought  not  to  be  registered  as  a  ""''^  °^  "^""^^ 
registered  voter,  a  heavy  line  shall  be  drawn  in  ink  through  his 
name  in  the  column  headed  "Registered  Voter,"  and  a  line  shall 
be  drawn  through  his  name  as  first  entered,  but  in  such  manner 
as  said  name  shall  remain  legible,  and  the  cause  of  his  disquali- 
fication shall  be  briefly  stated  in  the  column  headed  "Disquali- 
fied," and  in  the  column  headed  "Remarks,"  opposite  his  said 
name  shall  be  written  the  words  "adjudged  disqualified  on  re- 
vision by  the  Registration  officers,"  and  the  date  when  his  dis- 
qualification was  ascertained  as  aforesaid  and  in  the  books  of 
"registered  voters"  a  heavy  line  of  ink  shall  be  drawn  through 
his  name,  his  residence,  his  color  and  his  age. 


i8 


Application  to 
officers. 


Certified  copy 
eniries  and 
certificate. 


Registration  in 
other  district. 

Proviso  as  to 
residence. 


Remov.xi  froni  Sectioii  8.     If  aiiv  pcrsoii  registered  as  a  registered  voter, 

«gi's"ered.'*'^'*'''  in  any  election  district  in  this  State,  shall,  after  he  is  so  regis- 
tered, remove  from  the  district  in  which  he  is  so  registered  to 
any  otiier  district  in  the  county,  he  may  apply  in  person  to  the 
registration  officers  of  the  election  district  in  which  he  is  reg- 
istered and  have  his  name  stricken  from  the  "Registers"  and 
from  the  "Books  of  Registered  \'oters"  in  which  his  name  shall 
appear,  and  may  obtain  from  said  registration  officers  a  certi- 
fied copy  of  the  entries  in  the  register  relating  to  him,  together 
with  a  certificate  that  his  name  has  been  stricken  from  the  reg- 
ister and  books  of  registered  voters,  as  aforesaid ;  and  it  shall 
be  lawful  for  him.  after  his  name  shall  be  so  stricken  from  said 
registers  and  book  of  registered  voters,  to  cause  himself  to  be 
registered  in  the  election  district  to  which  he  may  have  re- 
moved upon  producing  the  aforesaid  certificate  and  copy  of 
entries  in  said  registers  and  books  of  registered  voters;  pro- 
vided that  by  the  next  following  general  election  he  will  have 
acquired  in  the  election  district  to  which  he  has  removed  the 
residence  required  by  the  constitution.  And  the  registration 
officers  to  whom  such  persons  may  apply  to  have  his  name 
stricken  from  the  registers  and  books  of  registered  voters  shall 
draw  a  line  in  ink  through  his  name  and  all  the  entries  opposite 
his  name  in  said  registers  and  books  of  registered  voters,  and 
in  the  column  in  the  registers  headed  "remarks"   shall   enter 

"removed  from  this  election  district  into election  district 

in  this  County,"  and  shall  prepare  and  deliver  to  him  the  certi- 
fied copy  of  entries  and  the  certificate  aforesaid. 

Quorum  and  Scctiou  9.     At  cvcry  sitting  of  said  Registration  officers 

?i^n officfrs^"^^'  ^^^'*-^  shall  coustitutc  a  quorum  and  the  acts  of  a  majority  shall 
be  as  valid  as  the  acts  of  all  of  them. 

II.  In  all  cases  where  written  notice  is  required  by  this 
act  to  be  given  to  any  person  such  notice  shall  be  deemed  suffi- 
cient if  addressed  to  the  person  to  be  notified  at  the  postoffice 
named  by  him,  at  the  time  of  his  application  for  registration, 
and  deposited  in  the  mail  not  later  than  the  Wednesday  next 
preceding  the  sitting  of  the  Registration  officers  at  which  he 
may  be  notified  to  appear. 

Section  lo.  It  shall  be  the  duty  of  the  Registration  offi- 
cers, immediately  after  the  close  of  their  last  sitting,  carefully 
to  compare  the  two  Registers,  and  see  that  they  agree  with 
each  other  in  every  particular,  and  also  to  compare  the  alpha- 
betical lists  of  "Registered  Voters"  as  contained  in  the  "Books 
of  Registered  Voters"  aforesaid,  with  the  said  Registers,  and 
to  see  that  the  name  of  every  person  entered  upon  the  Registers 
as  a  Registered  Voter  is  entered  in  its  proper  alphabetical  place 
on  each  of  the  two  lists  of  Registered  Voters,  together  with  the 


Entries  in  case 
of  such  applica- 
tion. 


Written  notice 
what  sufficient. 


Comparison  of 

Registration 

Books. 


19 

residence  and  color,  and  also  the  age  if  it  be  between  the  ages 
of  twenty-one  and  twenty-two  years  on  the  day  of  the  next 
general  election,  as  entered  on  the  Registers.  And  if  any  name 
in  the  Registers  which  ought  to  have  been  entered  on  said  al- 
phabetical lists  of  Registered  Voters  shall  have  been  omitted  ^°-^e^*n  e 
therefrom,  it  shall  be  the  duty  of  said  Registration  officers  to  °'°'  ^  "^"i^?- 
«nter  such  name  in  its  proper  alphabetical  place,  on  the  proper 
alphabetical  lists,  together  with  the  proper  entries  as  they  ap- 
pear on  the  said  Registers. 

II.  And  it  shall  be  the  further  duty  in  such  comparison  of  correction  of 
the  alphabetical  lists  with  the  Registers  to  make  such  correc-  ^°°'^*- 
tions  on  the  alphabetical  lists  as  will  make  the  names  and  en- 
tries appearing  on  the  alphabetical  lists  agree  with  the  same 

names  and  entries  as  entered  on  the  registers.  It  shall  also  be 
the  duty  of  the  said  Registration  officers,  within  three  days  af- 
ter their  last  sitting,  to  append  to  each  of  said  alphabetical  lists  Certificate  to  be 
of  "registered  voters"  contained  in  said  "Books  of  Registered  Cooks.'^"'' '° 
Voters"  a  certificate,  verified  by  the  oath  or  affirmation  of  said 
Registration  officers,  or  at  least  two  of  them,  that  the  said 
''Book  of  Registered  Voters"  contain  a  complete  list  of  the 
registered  voters  of  said  election  district,  as  the  the  same  are 
entered  in  the  "Books  of  Registered  Voters"  of  such  election 
'district. 

III.  And  the  said  Registration  officers  shall,  within  the  certificate  to  be 
three  days  aforesaid,  also  append  to  the  registers  of  their  elec-  ffj'^ist'^ers '° 
tion  districts  a  certificate  that  each  of  said  Registers  is  the  offi- 
cial Register  of  such  election  district,  and,  so  far  as  within  their 
knowledge,  no  false  or  improper  entries  have  been  made  there- 
in, which  certificate  shall  be  made  and  verified  by  at  least  two 

of  said  Registration  officers. 

Section  ii.     From  the  decision  of  the  Registration  officers  ,       ,     „   • 

.       .  .  .  .,   .     °  .       .  Appeal  to  Resi- 

;grantmg  or  refusmg  registration,   or   striking   or   refusing  to  dent  Associate 
strike  a  name  or  names  from  the  Registration  lists,  any  person  judfe."'^  °'^" 
interested,  or  any  Registration  officers  may  appeal  to  the  Res- 
ident Associate  Judge  of  the  county,  or  in  case  of  his  disability 
or  absence  from  the  county,  to  any  Judge  entitled  to  sit  in  the 
Supreme  Court,  whose  determination  shall  be  final,  and  in  or-  t-.  .  .    ^    i 

.     ^  -1  1    •        1      ,1    t  r     1  Decision  final. 

■der  to  prosecute  said  appeal  it  shall  be  the  duty  of  the  person 
taking  the  same  to  notify  the  "Registrar"  of  the  election  dis-  Notice  to 
tiict  from  the  decision  of  whose  officers  said  appeal  is  taken  Registrar, 
stating  in  said  notice  the  time  when  said  appeal  will  be  pre- 
sented to  the  resident  Associate  Judge  of  his  county  or  such 
Judge  of  the  Supreme  Court  as  may  sit  for  the  purpose  of  re- 
ceiving and  hearing  such  appeal  which  time  shall  be  one  of  the  Time  of  hearing 
■days  hereinafter  named  for  such  resident  Associate  Judge  or  ^^^* 


20 


Official  bond  of 
Registrar. 


Amouut. 


Form  of  Bond. 


Judge  of  the  Supreme  Court  to  sit  for  the  purpose  of  receiving 
and  hearing  appeals. 

Section  12.  Each  Registrar  shall,  before  entering  upon 
the  duties  of  his  office  give  bond  to  the  State  of  Delaware,  with 
at  least  one  or  more  sureties  to  be  approved  by  the  Clerk  of 
the  Peace  of  the  county  wherein  such  Registrars  resides,  in  a 
penalty  to  be  determined  by  the  said  Clerk  of  the  Peace,  and 
to  be,  as  nearly  as  can  be  ascertained,  double  the  amount  which 
such  Registrar  is  required  to  collect  as  registration  fees,  of  and 
from  all  voters  who  may  be  registered  in  his  election  district^ 
the  form  and  condition  whereof  shall  be  as  follows,  viz : 

KNOW  ALL  MEN  BY  THESE  PRESENTS. 

That  we of County  and 

State  of  Delaware,  are  held  and  firmly  bound  unto  the  State  of 

Delaware  in  the  penal  sum  of 

lawful  money  of  the  United  States  of  America,  to  be  paid  to  the 
said  State  of  Delaware  or  its  certain  attorney,  or  assigns,  to 
which  payment  well  and  truly  to  be  made  we  jointly  and  sever- 
ally bind  ourselves,  our  heirs,  executors  and  administrators 
firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of 

in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  ninety 

The  condition  of  the  above  obligation  is  such,  that  if  the 

above   being  Registrar  of  

Election  District  in 

Representative  District  in County,  shall 

faithfully  and  diligently  collect  and  receive  all  registration  fees 
which  he  shall  as  such  Registrar,  be  required  to  collect  of  and 
from  all  persons  who  may  be  registered  as  registered  voters  in 
his  said  election  district,  and  shall  pay  over  the  amount  so  re- 
ceived to  the  Receiver  of  Taxes  and  County  Treasurer,  or 
County  Treasurer  of  his  County  in  the  manner  and  within  the 
times  prescribed  by  law,  then  the  above  obligation  shall  be  void 
and  of  no  effect  or  else  shall  be  and  remain  in  full  force  and 
virtue. 

And  further,  we  do  hereby  jointly  and  severally  authorize 
and  empower  any  attorney  of  any  Court  of  Record  in  the  State 
of  Delaware,  or  elsewhere,  to  appear  for  us,  and  each  or  either 
of  us,  at  the  suit  of  the  said  State  of  Delaware  or  its  assigns, 
and  thereupon  to  confess  judgment  for  the  above  penalty  to 
the  said  State  of  Delaware  or  its  assigns,  as  of  the  last,  next, 
or  any  other  term  or  time  after  the  date  hereof. 

And  further,  we  do  hereby  jointly  and  severally  release  all 


21 

and  all  manner  of  error  or  errors  in  any  such  judgment  and 
execution  to  be  issued  thereon. 

Signed,  sealed  and  delivered 
in  the  presence  of 

(Seal.: 

(Seal.) 

(Seal.) 

II.  The  surety  or  sureties  required  in  the  foregoing  may  who  may  be 
te  some  Trust  Company  or  Surety  Company  authorized  to  do  ^"'■^'y  °'^  ^°'^^- 
business  in  this  State  and  to  enter  into  suretyship. 

III.  The  said  bond  after  being  executed  as  hereinbefore  Filing  of  Bond, 
provided,  shall  be  filed  in  the  office  of  the  Clerk  of  the  Peace 

of  the  county  by  whom  it  was  approved  subject  to  the  order  of 

the  Receiver  of  Taxes  an'd  County  Treasurer  or  County  Treas-  Registrar  to 

urer  as  the  case  may  be.  fra^ionfe/s^.^'"' 

Section  13.     It  shall  be  the  duty  of  the  respective  Regis- 
trars appointed  under  this  act  to  pay  over  to  the  Receiver  of 
Taxes  and  County  Treasurer,    or    County  Treasurer    of    the 
county  in  which  he  is  Registrar,  all  moneys  which  shall  have 
come  to  his  hands  as  such  Registrar  by  the  payment  of  regis- 
tration fees,  on  the  Thursday  next  succeeding  the  day  of  the^j^^^g^j 
general  election  in  the  year  in  which  he  shall  have  received  payment. 
such  fees,  and  in  default  thereof,  it  shall  be  the  duty  of  the  Re- 
ceiver of  Taxes  and  County  Treasurer,  or  County  Treasurer  as  p^iiure, 
the  case  may  be,  to  cause  judgment  to  be  entered  on  said  bond  judgment  on 
in  the  Superior  Court  in  and  for  the  county,  and  to  proceed  to 
collect  such  sum  as  shall  remain  due  and  unpaid  by  the  said  collection  of 
Registrar,  provided  nevertheless,  that  it  shall  be  the  duty  of  the 
said  Receiver    of    Taxes  and  County  Treasurer,     or    County 
Treasurer,    upon    the    request    of    any    surety  or  sureties    in 
said    bond    or    whenever    in    his    judgment,    the    interest    of 
the    State    demands,    to    cause  judgment    to    be    entered    on  Entry  of  bond 
said  bond  at  any  time  after  the  execution  thereof  with  power  sur'e^les*'  °^ 
to  enforce  collection  of  the  same,  if  payment  is  not  made  as 
above  provided  for. 

Section  14.    That  whenever  it  shall  become  the  duty  of  any  Alternate  Regis- 
Alternate  Registrar  appointed  under  the  provisions  of  this  Act  [ng'^is^'Regittr 


istrar 


to  discharge  and  perform  the  duties  of  the  registrar  he  shall  on  |°^7i°J'"/^" 
the  evening  of  every  day  on  which  he  shall  act  as  such  registrar 
pay  over  to  the  registrar  of  his  election  district  and  in  whose 
place  he  shall  have  acted,  or  his  legal  authorized  agent  or  attor- 
ney, all  moneys  which  shall  have  come  to  his  hands  as  registra- 
tion fees,  and  such  payment  shall  be  his  discharge  from  all  lia- 
bility for  or  on  account  of  the  moneys  so  received ;  and  upon 
failure  to  pay  over  the  whole  or  any  part    of    the    moneys  re-  Failure. 


22 


Penalty, 


Duties  of  Assis- 
tant Registrars 
to  make  entries. 


Additional  duty 
of  Registrars. 


Sitting  of 
Judges  to  hear 
appeals. 


ceived  by  him  as  registration  fees  while  acting  in  the  place  of 
said  registrar  at  any  one  sitting,  on  the  evening  of  the  day  as 
herein  required  or  within  three  days  thereafter,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  indictment  and  con- 
viction thereof  shall  be  fined  in  any  sum  not  exceeding  five  hun- 
dred dollars  to  be  determined  by  the  Court  and  which  shall  not 
be  more  than  double  the  amount  that  it  shall  appear  to  tlie  said 
Court,  that  came  into  his  hands  as  registration  fees,  or  shall 
be  imprisoned  for  a  term  not  exceeding  one  year  or  both  at  the 
discretion  of  the  Court. 

Section  15.  It  shall  be  the  duty  of  the  assistant  registrars 
in  this  Act  provided  for  to  make  all  the  proper  entries  in  the 
"Registers"  and  "Books  of  Registered  Voters"  as  the  same  are 
required  by  this  Act  to  be  made,  except  such  entries  as  are  pro- 
vided for  in  Section  16  of  this  Act;  and  it  shall  be  the  duty  of 
the  registrar,  in  addition  to  the  other  duties  required  of  him, 
tc  fill  up,  prepare  and  deliver  all  certificates  of  registration  that 
may  be  required  by  registered  voters,  and  to  receive  and  file  all 
affidavits  which  may  be  filed. 

Section  16.  It  shall  be  the  duty  of  the  resident  Associate 
Judge  of  New  Castle  County  to  sit  at  the  Levy  Court  room  of 
New  Castle  County,  and  the  resident  Associate  Judge  of  Kent 
County  to  sit  at  the  Lev}^  Court  of  Kent  County,  and  the  resi- 
dent Associate  Judge  of  Sussex  County  to  sit  at  the  office  of 
the  Clerk  of  the  Peace  for  Sussex  County,  or  if  said  places  can- 
not conveniently  be  had,  then  at  such  proper  and  suitable  places 
in  the  county  seat  of  the  respective  counties  of  this  State  as 
shall  be  designated  by  notice  signed  by  the  said  resideiTt  Asso- 
ciate Judge  of  his  county,  and  posted  on  the  door  of  the  re- 
spective places  aforesaid,  stating  where  he  will  sit  'for  the  pur- 
pose of  hearing  appeals  from  the  decision  of  the  Registrars  in 
the  respective  election  districts  in  this  county  on  ^Thursday 
next  following  the  third  Saturday  of  August,  in  the  year  in 
which  registration  is  required  by  law  to  be  made,  at  10  o'clock 
in  the  morning  of  said  day,  on  which  day  he  shall  receive  ap- 
Hearing  appeals  peals  from  such  persous  as  shall  have  appealed  from  the  deci- 
sion.of  the  Registration  officers  of  the  respective  election  dis- 
tricts in  his  county,  which  shall  be  presented  on  said  day,  and 
he  shall  proceed  to  hear  all  appeals  which  shall  have  been  filed 
as  aforesaid  on  said  day,  and  may  continue  the  hearing  of  any 
such  appeal  or  appeals  from  day  to  day  during  the  remainder 
of  the  week,  and  shall  sit  again  on  the  tTuesday  next  following 
for  the  purpose  aforesaid,  to  hear  and  determine  such  appeals 
as  shall  not  have  been  acted  upon  |the  previous  week,  and  also 

♦Amended.  See  Chapter  56,  Volume  XXIIl. 
fAmended.  See  Chapter  56,  Volume  XXIII. 
lAmended.     See  Chapter  56,  Volume  XXIII. 


Time  of  sitting 
in  August. 

Hour. 


23 

such  as  may  be  presented  and  filed  on  said  last  mentioned  day, 
and  may  continue  the  hearing  of  any  appeal  or  appeals  then 
unheard  from  day  to  day  during  the  remainder  of  the  week,  and 
until  all  appeals  which  shall  then  have  been  filed  shall  have  been 
heard  and  decided.     The  said  resident  Associate  Judge  shall  sitting  in- 
again  sit  for  the  purpose  of  hearing  appeals  as  aforesaid  on  the  September. 
Tuesday  next  following  the  last  day  of  registration   as  pro- 
vided for  in  this  Act,  to  receive  appeals  from  such  persons  as- 
shall  have  appealed  from  the  decision  of  the  Registration  offi- 
cers of  the  respective  election  district  in  his  county  as  aforesaid, 
made  on  the  said  last  day  of  registration,  and  any  other  appeal 
or  appeals  which  for  any  cause  he  may  have  continued  from  a 
preceding  sitting,  and  shall  proceed  to  hear  all  appeals  which 
shall  have  been  filed  as  aforesaid,  and  may  continue  the  hearing 
of  any  such  appeal  or  appeals  from  day  to  day  during  the  re- 
mainder of  the  week,  and  shall  sit  again  on  the  Tuesday  next 
following,  for  the  purpose  aforesaid,     to     hear  and  determine 
such  appeals  as  shall  not  have  been  acted  upon  the    previous 
week,  and  also  such  as  may  be  presented  and  filed  on  said  last 
mentioned  day,  and  may  continue  the  hearing  of  any  appeal  or 
appeals  then  unheard  from  day  to  day  during  the  remainder  of 
the  week,  and  until  the  close  of  the  day  next  preceding  the  day 
of  the  election ;  '^provided,  that  all  appeals  which  shall  have  been  oath  that  delay 
taken  from  the  decision  of  the  Registration  officers  made  at  appS was^Lt 
their  sittings  in  August  and  September,  and  which  shall  be  pre-  to  hinder  or  de- 
sented    to    the    resident    Associate  Judge  at  his  sitting  on  the 
Tuesday  next  after  the  last  day  of  registration  as  aforesaid  to 
hear  appeals,  shall  not  be  received  and  acted  on  unless  the  ap- 
pellant shall  make  oath  before     the     said     resident  Associate 
Judge  that  the  delay  in  presenting  his  saici  appeal  was  not  for 
the  purpose  of  hindering  or  delaying  the  said  resident  Associate 
Judge  or  the  officer  of  registration  in  his  election  district  in  the 
discharge  of  the  duties  imposed  upon  them  respectively  under 
the  provisions  of  this  Act.  .     ^      -^li^^v^ .  .- 

II.     No  appeal  shall  be  received  and  acted  upon '  by  the  j^^^^^-^^  ^^ 
resident  Associate  Judge  unless  the  appellant  shall,  at  the  time  notice  of  appeal, 
of  presenting  his  appeal  make  an  affidavit,  that  notice  of  his 
intention  to  present  his  appeal  on  this  day  was  served  upon  the 
Registrar  of  his  election  district;  any  person  applying  to  the 
said  resident  Associate  Judge  to  have  any  name  appearing  on 
the  register  and  books  of  registered  voters  in  his  election  dis- 
trict in  any  manner  incorrect  to  be  corrected  shall  notify  the  Notice  to  Regis- 
Registrar  of  the  election  district  on  whose  books  such  name  is  uon  for^^^  "^*" 
incorrectly  entered  of  his  intention  to  make  application  for  the  corrections., 
correction  thereof,  so  that  the  said  Registrar  shall  and  may  be 

♦Amended.     See  Chapter  56,  Volume  XXIII. 


24 

present  with  his  register  and  books  of  registered  voters  to 
make  such  corrections  therein  as  the  said  resident  Associate 
Judge  shall  order  and  direct ;  provided,  that  no  correction  shall 
be  ordered  to  be  made  by  the  said  resident  Associate  Judge  un- 
less he  shall  be  satisfied  by  the  oath  of  the  applicant  or  other- 
wise that  notice  of  the  intended  application  for  correction  shall 
have  been  given  to  or  served  upon  the  Registrar  of  the  appel- 
lant's election  district  of  his  intention  to  make  said  apphcation. 

Serving  of  notice  ^^^  notices  required  to  be  given  or  served  by  the  provisions  of 
this  section  upon  any  Registrar  shall  be  so  given  or  served  per- 
sonally at  least  three  days  before  the  application  is  made  or  by 
leaving,  in  the  presence  of  an  adult  male  person,  a  written  copy 
of  such  notice  at  the  usual  place  of  abode  of  such  Registrar,  at 
least  three  days  before  the  application  shall  be  made,  and  no 

Application  for    application  for  correction  or  for  the  hearing  of  an  appeal  shall 

appeals  notTo  be  be  heard  upon  any  day  which  is  set  apart  by  this  Act  as  a  day 

SraHo^lf.^  "^  for  ^hc  registration  of  voters. 

III.     Upon  the  decision  of  the  respective  resident  Asso- 
ciate Judges  on  each  and  every  appeal,  the  resident  Associate 
Sr^makP"*^^^    Judgc  making  the  decision  shall  order  and  direct  the  Registrar 
entries.  o'f  the  elcction  district  from  the  decision  of  whose  Registration 

officers  the  appeal  shall  have  been  taken,  and  who  shall  be  pres- 
ent with  his  "Registers"  and  "Books  of  Registered  Voters"  as 
hereinafter  provided,  to  make  such  entries  in  his  "Registers" 
and  "Books  of  Registered  Voters,"  as  such  Registrar  is  au- 
thorized by  the  provisions  of  Section  4  of  Article  V  of  the  Con- 
stitution of  this  State  and  by  the  provisions  of  this  Act  to  order 
and  direct  to  be  made  and  as  are  required  by  law  to  be  made 
ii;  said  "Registers"  and  "Books  of  Registered  Voters"  by  the 
Registration  ofificers  in  case  where  a  person  is  entitled  to  be 
RegiS'tered  as  a  Registered  Voter,  upon  the  payment  of  the 
Registration  fee  as  hereinbefore  provided,  or  as  any  one  who  is 
disqualified. 

Duties  of  Resi-  IV.     All  dutics  wliich  are  imposed  upon  the  resident  As- 

a^pPtojud°e    sociate  Judge  of  the  County  by  the  provisions  of  this  Act  and 
of  Supreme        especially  of  this  section  shall  be  and  they  are  hereby  imposed 
place  of  sucV"    upon  and  required  to  be  performed  by  such  Judge  of  the  Su- 
Resident  Judge,  pjeme  Court  as  shall  at  any  time  be  sitting  in  any  of  the  Coun- 
ties of  this  State  for  the  purpose  of  hearing  appeals  under  this 
Act,  in  lieu  of  the  resident  Associate  Judge  of  the  County  when 
he  shall  be  unable  to  sit  either  from  disability  or  absence  from 
the  County. 

■Regisuar  to  be  Scctiou  1 7.     In  Order  that  the  Registrar  in  each  and  every 

custodian  of       election  district  in  this  State,  may  be  enabled  to  perform  the 

duties  especially  required  of  him  by  this  Act,  he  shall  retain 

and  keep  possession  of  and  be  responsible  for  the  "Registers" 


25 

and  "Books  of  Registered  Voters"  and  book  of  registration 
certificates  of  his  election  district  at  all  times  excepting  when 
being  used  by  the  Registration  officer  of  his  election  district  for 
the  purpose  of  registration  ;•  and  it  shall  be  his  duty  to  attend  ^g"^?^'^^""  ^' 
and  be  present  at  all  hearings  of  which  he  had  notice  before  the  appeals, 
residerit  Associate  Judge  of  the  County  or  such  Judge  of  the 
Supreme  Court  as  may  be  sitting  for  that  purpose,  of  appeals 
which  shall  have  been  taken  from  the  decision  of  the  Registra- 
tion officers  of  his  election  district  and  also  upon  the  hearing 
for  the  correction  of  any  name  or  names  on  his  ''Registers"  or 
"Books  of  Registered  Voters"  improperly  omitted  or  improp- 
erly appearing  or  in  any  manner  incorrect  thereon,  and  to  have 
with  him  the  said  "Registers"  and"Books  of  Registered  Voters" 
and  to  make  such  entries  in  said  books  respectively  as  said  resi- 
dent Associate  Judge  or  Judge  of  the  Supreme  Court  for  the 
purpose  of  hearing  such  appeals  and  make  such  corrections, 
may  order  and  direct. 

Section  i8.     All  the  powers  and  duties  conferred  or  en-  Alternate  Regis- 
joined  upon  Registrars  by  any  of  the  provisions  of  this  Act,  are  [[^g'tohlve^ai'i 
hereby  expressly  made  the  powers  and  duties  of  all  Alternate  po^ve^s  and 
Registrars  in  the  absence  of  the  Registrar  from  his  election  dis-  Regtlt^Ir. 
trict,  or  his  disability  to  perform  the  duties  imposed  upon  such 
Registrar  by  any  of  the  provisions  of  this  Act;  and  in  order  to 
enable  the  Alternate  Registrar  to  perform  the  duties  in  this 
Section  imposed  upon  him,  it  shall  be  the  duty  of  the  Registrar  ^^^^^  ^^^ 
to  deliver  or  cause  to  be  delivered  to  the  Alternate  Registrar,  papers  to  be 
the  Register,  Book  of  Registered  Voters,  and  Book  of  Registra-  AUemate'° 
tion  Certificates  in  the  custody  or  possession  of  such  Registrar,  Registrar, 
and  all  notices  of  appeal  which  shall  have  been  served  upon  him, 
whenever  it  shall  be  the  duty  of  the  Alternate  Registrar  to  act 
in  the  place  and  stead  of  such  Registrars  as  provided  in  this 
Section. 

Section  19.     It  shall  be  the  duty  of  the  Registrar  in  the  ^^^.^^^^^  ^^ 
respective  election  districts  of  this  State,  on  the  morning  of  the  deliver  books  to 
day  of  the  general  election  and  one  hour  before  the  opening  '"^peco--. 
of  the  polls  for  said  election,  to  deliver    to    the    inspector,  or 
other  person  authorized  to  hold  said  election  in  his,  the  said 
Registrar's  election  district,  one  of  said  "Registers"  and  one  of 
■said  "Books  of  Registered  Voters"  in  his  possession,  certified 
to  as  hereinbefore  provided.     And  the  other  of  said  "Registers" 
together  with  the  other  of  said  "Books  of  Registered  Voters" 
and  the  book  of  registration  certificates,  containing  unused  cer- 
tificates, together  with  all  other  papers  or  documents  relating  To^^^eep^°*^" 
to  the  registration  of  voters,  he  shall  retain  in  his  possession  °°'^^  '^' 
and  safely  keep,  but  the  same  shall  at  all  proper  times  be  open 
to  the  inspection  of  any  one  desiring  to  examine  the  same,with- 


26 

out  fee  or  reward,  and  also  any  one  desiring  to  do  so  may  be 
permitted  to  make  copies  or  partial  copies  of  any  of  said  lists, 
books,  documents  or  papers. 

II.     And  within  one  week  after  the  following  general  elec- 
Registrarto       tion  he  shall  deliver  the  said  duplicates  in  his  possession  to  the 
books'to"the'^^'*  Clerk  of  the  Peace  of  the  county  in  which  he  resides,  who  shall 
PeYce"*^'^^        safely  keep  the  same,  in  his  office,  and  the  same  shall  be  open 
to  public  inspection  at  all  convenient  times  as  other  public  rec- 
ords in  the  office  of  said  Clerk  of  the  Peace. 


Registrars 
clothed  with 
powers  of  Justice 
of  the  Peace. 


Power  to  compel 
attendance  of 
witnesses. 


Oaths  or 

affirmations 


Committment  of 
offenders. 


To  whom 
process  may  be 
issued. 

Service  of 
process. 


Section  20.  Each  of  the  Registrars  shall  in  addition  to 
the  other  powers  conferred  upon  him  by  this  Act  have,  during 
the  respective  times  of  the  appointed  sittings  for  registration, 
the  powers  of  a  Justice  of  the  Peace  to  preserve  order  and  en- 
force obedience  to  his  lawful  commands  at  or  around  the  place 
of  registration ;  to  keep  access  to  such  place  open  and  unob- 
structed ;  to  prevent  and  suppress  riots,  tumults,  violence  and 
disorder  at,  around  or  near  the  place  of  registration,  tending 
to  intimidation,  or  to  the  obstruction  of  the  work  of  registra- 
tion and  to  protect  and  keep  safe  the  registers  or  books  for  the 
registration  of  voters,  while  in  his  and  the  Assistant  Registrar'^ 
custody  and  possession.  He  may  compel  the  presence  of  wit- 
nesses before  them  while  sitting  with  the  Assistant  Registrars 
as  Registration  officers,  for  all  purposes  connected  with  tire 
performance  of  the  duties  of  their  office,  by  summons  and  at- 
tachment, and  shall  have  power  to  administer  oath  or  affirma:- 
tion.  He  may,  while  sitting  as  such  officer  of  registration  com^ 
mit  for  trial  any  person  committing  at,  or  around  the  place  of 
registration  a  breach  of  the  peace,  or  any  offence  forbidden  by 
this  Act.  Pie  shall  have  the  power  to  issue  any  of  said  sum- 
mons, attachments  or  commitments,  when  sitting  in  any  elec- 
tion district  in  this  vState  to  the  Sheriff  of  his  county  or  to  any 
Constable  thereof.  All  such  process  shall  be  served  by  said" 
officers  in  the  same  manner  as  if  they  were  issued  by  a  Justice- 
of  the  Peace  within  such  county. 


Fees  of  officers  H-     The  Sheriff  or  Constable  in  any  county  of  this  State,. 

serving  process.  vvJio  shall  scrvc  any  such  process  shall  receive  the  same  fees, 
and  in  like  manner  as  it  is  or  may  be  by  law  provided  that 
he  shall  receive  fees  in  other  State  cases.  But  no-  Registrar  shall 

t^^^eceivrcom-    charge  or  receive  any  compensation  for  any  service  rendered 

pensationfor  iu  accordaucc  with  the  provisions  of  this  section  in  addition  to^ 
the  compensation  or  salary  provided  for  in  this  Act.. 


this  service. 


Compensation  oi 
Registrar. 


Section  21,  Each  Registrar  shall  receive  five  dollars  per 
day  for  each  day  of  actual  service,  either  when  sitting  for  the 
purpose  of  registration  or  in  attendance  upon  the  hearing  of 
appeals  before  the  resident  Associate  Judge  of  the  county,  or 


27 

such  Judge  of  the  Supreme  Court  as  may  sit  for  hearing  such 
appeals;  and  six  per  cent,  as  commission  on  all  sums  he  may 
receive  and  pay  over  to  the  Receiver  of  Taxes  and  County 
Treasurer,  or  County  Treasurer,  as  fees  from  persons  register- 
ing in  his  election  district. 

II.     And  each  assistant  registrar  shall  receive  five  dollars  compensation  of 
per  day  for  each  day     of     actual  service,  when  sitting  for  the  R^gif^"' 
purpose  of  registration. 


'istrar. 


III.  And  each  alternate  registrar  shall  receive  five  dollars  compensation  of 
per  day  for  each  day  of  actual  service,  when  sitting  in  the  place  Rggj'^trar. 

of  the  Registrar  for  Registration,  or  in  attendance  upon  the 
hearing  of  appeals  before  the  resident  Associate  Judge  of  the 
county  or  such  Judge  of  the  Supreme  Court  as  may  sit  for  hear- 
ing such  appeals,  and  six  per  cent,  as  commission  on  all  sums 
he  may  receive  and  pay  over  to  the  registrar  of  his  election  dis- 
trict as  fees  from  persons  registering  in  his  election  district,  said 
sum  to  be  deducted  from  the  commissions  which  may  be  allowed 
the  registrar. 

IV.  It  shall  be  the  duty  of  the  Levy  Court  in  each  of  the 
counties  in  this  State,  at  its  November  session,  to  ascertain  the  Ascertainment 

•  1  1   •        A  1  1         -n         •  A  1     °   amount  of 

amount  of  compensation  under  this  Act  due  the  Registrars,  Al-  compensation  by 

ternate  Registrars  and  Assistant  Registrars  in  their  respective  ^evy  Court. 

counties,  and  when  so  ascertained,  the  president    of    the     said 

Levy  Court  shall  certify  the  same  to  the  State  Treasurer,  who 

shall  thereupon  pay  to  the  persons  entitled  the  sums  severally  Payment. 

due  them  out  of  any  money  appropriated  for  that  purpose. 

V.  The  cost  of  printing  and  posting  the  alphabetical  lists  cist  of  printing, 
contained  in  the  Books  of  Registered  Voters  aforesaid,  and  of  ^^^f' ^"pp''^^' 
printing  and  mailing  the  notes  required  by  this  Act,  and  the  rent 

of  the  room  or  rooms  used  by  the  said  registration  officers  in 

the  performance  of  the  duties  required  by  this  Act,  the  cost  of 

printing  any  forms  or  blanks  that  may  be  required,  and  the  cost 

of  the  necessary  ink  and  stationery  used  by  them  provided  for 

by  this  Act,  shall  be  paid  by  the  Levy  Court  of  the  respective  How  paid. 

counties  upon  proper  vouchers. 

Section  22.     Whoever,  during  the  sitting  of  the  Registra-  Bringing,  taking 
tion  officers  in  any  election  district  in  this  State,  shall  bring,  °g'^d[ng%°ritu- 
take,  order  or  send  into,  or  shall  attempt  to  bring,  take,  or  send  ous  liquors  into 
into  any  place  of  registration,  any  distilled  or  spirituous  liquors  °ImeTn  pif ce  of 
whatever,  or  shall,  at  any  such  time  or  place,  drink  or  partake  registration, 
of  any  such  liquor,  shall  be  deemed  and  held  to  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  imprisonment  in  the  Penalty. 
county  jail  for  not  more  than  ninety  days,  or  by  a  fine  of  not 
more  than  one  hundred  dollars,  or  both. 


28 


Fraudulent 


Penalty 


«^He,:cK..e3    tth'"'V'^¥'^^'''^^  ^J'T'^'   ^'  A- 

or  alterations^     to  be  entered,  in  any  re^Uter  fhl  '   ^"^^^  or  fraudulently  permit 
reSi^L       ^t^red  voter  who  is  not  fntit  ;d  to"h  ^'  ?^  "7  P^^^°"  as  a  regis- 
tered voter,  or  if  any  other  person  nnf"''^^^^     *^^^^^"  ^'  ^  ^e|is- 
legistration  officers  shall  emer  int.     ^"^^^^^^^  by  the  proper 
^ny  person  as  a  registered  voter  or  if  ^^  "l^'''''  '^'  "^"^^  ^^ 
Registrar,  or  Assistant  Registrar  shl II  ?^'  ^ff''\^''  Alternate 
omit  to  register,  or  shall  ffaudulen^l      ^"^"^"^"tly  refuse     or 
or  in  any  book  of  registered  vote  "n  w'T^^  ^"  ^">^  ^^-^^^er 
any  person  entitled  under  the  nr.  ^is  charge,  the  name  of 

name  entered  in  sucrreg  s  er  ^r  boo^  f  °^  '^''  ^^^  ^°  ^ave  his 
any  Registrar,  Alternate^R  '  s?rar  or  A  ''f'^'^^  voters,  or  if 
fraudulently  strike  from  an/reSe?  ^''T""^  Registrar,  shall 
books  of  registered  voterriyhfcha°'.,^'"°^  of    said 

entered  therein;  or  if  anv  nthlt  ^^  ^^^  "^"^^  of  any  person 
proper  registration  officers  hall  ?t'r?U°"f""'  authorized  ly  tSe 
from  any  book  of  registered  vn-?u^^^  ^""^     register  or    i 

tered  therein ;  or  if  afR^egltrar  Alter  "Tl""^  -^"^^  P^^^°"  ^n-    ^ 
tant  Registrar,  shall  make^anv  emt^  o    ^^  Registrar  or  Assis- 
ister,  or  books  of  registered  io?rr=^        '"^"'^  '"  ^^e  said  reg- 
the  manner  hereinbefore  prol^^^^^^^^^  the  times  and  fn 

Registrar  or  Assistant  Reo?strar  ^h^  i^  Registrar,  Alternate 
this  Act  forbidden  by  hinf  done  or  hnH  ^"-^-'^^"^  ^^^^^  is  by 
which  IS  by  this  Act  required  ?obphl°"''i  *°  ^°  anything 
deemed  guilty  of  a  misdemeanor  and  L.'"'  ^°"''  ^'  ^'^^^  b? 
by  indictment,  shall  be  fined  not  exceediTfi  "T'T"".  '^'''^^ 
or  be  imprisoned  not  exceediW  f hr.  ^  ^^  hundred  dollars, 
fined  and  imprisoned  at  ^he  di  "1   '  ,f  l/.?"';.  °^  "^^>'  be  both 


Person  causing 
himself  to  be 
wrongfully 
•■egistered. 


fined  and  impris^;;^;XSej;;^- /^-^  -  ;;^ 


hn.sfl7:o°"be%i^[ere5  fn  th?nte  T''  °\^"^-P^  ^°  --e 
or  dead,  or  unde"  anv  ficdtious  name      ^"^  u^''  P^^^°"  ^^^'^^S 
to  cause  himself  to  be  reASred  1^  .'       'i^^"-  '^"^^  °^  attempi 
State,  knowing  that  he  ha%  not Ihe  ,?"^>',f  ^S^^O"  district  in  tlfis 
any  person,  knowing  himseh  to  be  S      .°  ^e  registered ;  or  if 
district  in  this  State  shalT  cause  or  att/nf??^  ^"  ^"'^^  '^'^'^^^ 
be  registered  in  any  other  election  rH^f    ^°u'^"'^  himself  to 
having  first  caused  his  name  S  he  t^^  '"/^^'  ^^"^"  ^^'^hout 
Books  of  Registered  Vomers    n  which"?'"  ^'°T  ^^^'^ter  and 
viously  entered  ;  or  if  any  oerson  t^^   -^^^^^^  ^^^^  been  pre- 
»fied  as  a  voter    at    ?he  ^next  fo^l"       "^  ''"^'^^^  ^°  be  disqual- 
cause  or  attempt  to  cause  himself  .'T^  ^"""'^^  '^'^''^^  shall 
ters  in  any  election  d?s"rict  i^    h  s  c?, '!'  ^""'^'^^  ^^  ^he  Regis- 
therein,  knowing  that  he  fn.f  this  State  as  a  Registered  voter 

^ontSSr  ^^^"  ^-'  ^^^°-eVo  by  th  ^extfollow^^^        '  ^"^"^''  "°^^^  ^"^ 
vent  or  hinder  any  Pe;soTh:rg\^Tj!:[^,-  ^^^^^^^^^^ 


29 

name  entered  on  the  registers  in  any  election  district  in  this 
State  from  duly  exercising  such  rights,  or  shall  compel  or  at- 
tempt to  compel  by  any  such  means,  any  Registrar,  Alternate 
Registrar,  or  Assistant  Registrar,  to  enter  on  their  register  the 
name  of  any  person  not  legally  entitled  to  be  entered  therein,  or 
to  refrain  from  entering  on  their  registers  the  name  of  any  per- 
son legally  entitled  to  be  entered  thereon,  or  shall  lawfully  inter- 
fere with  any  Registrar,  Alternate  Registrar,  or  Assistant  Reg- 
istrar, in  the  discharge  of  his  duties  under  this  Act ;  or  if  any 
person  shall  make  any  assault  or  commit  any  assault  and  bat-  Assault  riot, 
tery,  or  incite  or  create  any  riot  or  breach  of  the  peace  at  or  "^*^  °  ^"*^*' 
near  to  any  place  of  registration  in  this  State,  during  the  sitting 
of  any  registration  officers,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  indictment  shall  be 
fined  not  exceeding  five  hundred  dollars,  or  be  imprisoned  not  penalty, 
exceeding  three  years,  or  may  be  both  fined  and  imprisoned  at 
the  discretion  of  the  Court. 

Section  25,     If  any  Registrar,  Alternate  Registrar  or  Assis- 
tant Registrar,  Inspector  or  Judge  of  election  shall  lose  any  reg-  Loss  of  books  by 
ister  or  book  of  registered  voters  which  may  be  in  his  charge  or  olfcere^ '°" 
custody,  or  if  any  of  such  officers  or  any  other  person  shall  wil- 
fully destroy,  mutilate,  deface,  falsify  or  fraudulently  remove  or 
secrete  any  register  or  book  of  registered  voters,  or  shall  know- 
ingly make  any  false  entry  in  or  false  copy  of    any    register  or 
part  of  any  register,  or  fraudulently  make  any  entry,  erasure  or  J^utiMon"etc 
alteration  in  any  alphabetical  list  of  registered  voters,  as  con- 
tained in  any  book  of  registered  voters,  he  shall  be  deemed  guil-    ^=^^""«^'^'^- 
ty  of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment 
shall  be  fined  not  exceeding  five  hundred  dollars  or  be  impris- 
oned not  exceeding  three  years,  or  may  be  both  fined  and  im-    ^"^^• 
prisoned  at  the  discretion  of  the  Court. 

Section  26.  If  any  person  shall  mutuliate,  deface,  pull  down  Mutilation, 
or  destroy  at  any  time  before  the  last  sitting  of  the  Registration  defacement, 

rr-  •  1  r      1  -,11         -ii-,  r  ■    j  j   pulling  down  or 

officers  any  prmted  copy  of  the  alphabetical  list  of  registered  destroying 
voters,  when  the  said  lists  are  hung  up  as  provided  in  Section  9  alphabetical 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  indictment    shall    be    fined  not  exceeding  one 
hundred  dollars  or  be  imprisoned  not  exceeding  one  year,  or  penalty, 
may  be  both  fined  and  imprisoned  at  the  discretion  of  the  Court. 

Section  2y.  In  any  case  of  a  special  election  held  in  this  Additional  reg- 
State  it  shall  be  the  duty  of  the  Registration  officers  of  the  re-  IpS  eie°c"tioa. 
spective  election  district  in  this  State,  hereinbefore  provided  for, 
to  sit  on  the  third  and  fourth  Saturdays  immediately  preceding 
the  day  of  such  special  election,  from  8  o'clock  A.  M.  until  7  P, 
M.,  with  an  intermission  from  12  to  i,  at  the  place  where  the  fol- 
lowing special  election  will  be  held,  or  at  some  convenient  and 
suitable  place  in  the  town  or  village  in  which  such  election  will 


.^o 


How  to  make 
entries. 


be  held,  and  at  such  sittings  to  add  to  the  registers  and  book  of 
registered  voters  aforesaid  of  their  respective  election  districts 
the  name  of  all  persons  applying  to  them  who  may  have  become 
qualified  to  vote  since  the  day  of  the  last  general  election,  or  who 
may  become  qualified  to  vote  by  the  day  of  such  special  election. 

II.  And  it  shall  be  the  duties  of  such  Registration  officers 
in  adding  any  new  names  to  make  the  same  entries  in  the  reg- 
isters and  books  of  registered  voters  aforesaid,  as  they  are  here- 
inbefore required  to  make  when  sitting  as  Registration  officers 
before  any  general  election. 

III.  The  said  Registration  officers,  within  one  week  before 
their  first  sitting  as  provided  for  in  this  section,  shall  procure 
from  the  Clerks  of  the  Peace  of  their  respective  counties  the 
two  registers,  and  the  two  books  of  registered  voters  and  the 
books  of  registration  certificates  which  shall  have  been  delivered 
to  the  Clerks  of  the  Peace  as  hereinbefore  provided. 

Duty  of  Clerk  of         lY .     It  shall  bc  the  duty  of  the  Clerks  of  the  Peace  in  the 
books. '°  '^^''^"  several  counties  to  deliver  said  books  to  the  said  Registration 
officers  when  the  same  shall  be  applied  for  as  aforesaid. 


Registration 
officers  to  pro- 
cure books  from 
Clerk  of  the 
Peace. 


Delivery  of 
books,  etc.,  by 
registration 
officers. 


y.     In 


of  the 


"Registers" 


and  one  of  the 


delivering  one 
"Books  of  Registered  Voters"  and  the  book  of  registration  cer- 
tificates to  the  inspector  or  other  person  authorized  by  law  to 
hold  the  special  election  in  his  election  district,  as  hereinbefore 
provided,  it  shall  be  the  duty  of  the  said  Registrar  to  deliver  the 
register  and  the  book  of  registered  voters,  which  was  not  used 
at  the  previous  general  election  and  the  other  of  said  registers 
and  the  other  of  said  book  of  registered  voters  shall  be  delivered 
by  the  several  Registrars  to  the  Clerks  of  the  Peace  of  their  re- 
spective counties  within  one  week  after  such  special  election. 

Section  28.     All  Acts  and  parts  of  Acts  supplied  by  or  in- 
consistent with  this  Act  are  hereby  repealed. 

Approved  May  27th,  A.  D.  1898. 


31 


CHAPTER  37,  VOLUME  21. 

JLK"  ACT  to  facilitate  the  Kegistering  as  Qualified  Voters  the  Citizens  of 
Delaware  Engaged  in  the  Performance  of  Military  or  Naval  Duty. 

Be  it  enacted  by  the  Senate  and  Hoicse  of  Representatives  of  the 
.State  of  Delaware  in  General  Assembly  met  : 

Section  i.     That  every  person  enlisted  or  engaged  in  any  Domeciieof 
military  or  naval  organization  of  this  State  or  the  United  States  persons  in  Army 
and  who  prior  to  enlistment  was  a  resident  of  any  hundred  or  °^    ^"^  "° 
election  district  of  this  State,  shall  not  lose  his  domicile  in  such 
hundred  or  election  district  by  reason  of  such  enlistment. 

Section  2.     That  every  male  citizen  of  this  State  of  the  age  Registration  of 
of  twenty  one  years  and  upwards,  and  who  is  or  shall  hereafter  [^ary^r^Navli''" 
be  enlisted  or  engaged  in  any  military  or  naval  organization  of  service. 
this  State  or  the  United  States  shall  be  entitled     to     have  his 
name  registered  as  a  voter  in  the  hundred  or  election  district 
in  which  he  resided,  prior  to  his  enlistment,  in  the  same  right 
as  he  would  have  done  had  he  remained  continuously  present 
in  such  hundred  or  election  district  during  the  period  of  his  en- 
listment. 

Section  3.     That  the  Governor  of  this  State  shall  designate  Appointment  of 
and  appoint  at  the  same  time  of  appointing  other  registration  uar'^'df^vote^s""" 
officers  of  this  State,  some  qualified  citizen  of  the  State  as  Aux-  Quaiifj'ing  of. 
iliary  Registrar  of  Voters,  who  shall  qualify  and  bond  as  other 
registrars  are  required  to  do,  and  whose  duty  it  shall  be  to  visit.  Duty  of. 
sometime  before  the  last  Saturday  in  September  in  any  year  in 
which  a  general  election  is  held,  the  military  or  naval  encam^p- 
ment  of  this  State,  or  the  United  States  wherein  the  citizens  of 
this  State  shall  be  enlisted  or  engaged  in  the  discharge  of  mil- 
itary duty,  for  the  purpose  of  registering,-  as  hereinafter  pro- 
vided for,  such  citizens  as  voters  of  the  hundred  or  election  dis- 
trict in  which  they  are  entitled  to  be  registered  as  designated  in 
Section  2  of  this  Act. 

Section  4.     Upon  application  being  made  to  be  registered  Application  for 
as  a  voter  of  any  hundred  or  election  district  of  this  State,  by  '■eg'stration. 
any  officer  or  enlisted  man  of  any  military  organization  before 
any  Auxiliary  Registrar  of  Voters  as  provided  for  in  the  fore- 
going Section  of  this  Act,  such  appHcation  shall  be  deemed  and  p'^rsonlil'^pii- 
taken  to  be  a  personal  application  within  the  meaning  of  para-  cation, 
graph  3,  Section  4,  of  Article  V  of  the  Amended  Constitution. 


Notice  of  mae 
of  wishing 

camps. 


List  of  appli- 
cants and  quali- 
ifications  to  be 
kept  by 
Registrar. 


How  kept. 


Section  5.  That  the  Auxilian-  Registrar  herein  provided 
for,  shall  notify  the  encampment  or  encampments  of  the  time  he 
will  visit  them  for  the  purpose  of  registering  voters,  that  he  shall 
sit  for  registering  during  such  hours  of  the  day  as  shall  be  ar- 
ranged to  suit  the  convenience  of  such  military  organization. 

Section  6.  The  Auxilian.-  Registrar  shall  make  and  keep  a 
complete  list  of  the  names  of  all  those  applying  to  him  to  be 
registered,  together  with  their  qualifications  as  to  age.  color, 
birth,  nativity,  etc.,  in  the  same  manner  and  detail  as  is  required 
to  be  done  by  on  the  books  of  registration  kept  by  the  Regis- 
trars sitting  in  the  various  hundreds  or  election  districts  of  this 
State. 


Separate usts for  Sectiou  /.     The  Auxiliary  Registrar  shall  make  a  separate 

istncts.  ^^j  distinct  list  for  each  hundred  or  election  district  of  this  State 

of  all  those  applying  to  him  to  be  registered  in  such  hundred  or 

election  district.     He  shall  also  receive  the  constitutional  fee  of 

one  dollar  from  all  those  so  applying  to  him,  before  he  shall  en- 

Registration  fee.  j-gj-  ^\^q[^  nameS. 


Remm  of  Aux- 
iliary R^strar 
of  list,  etc.,  to 
registration 
officers. 


Registration 
fee. 


Opening  Lists 

and  registering 
by  Registration 
officers. 


Who  to  be 
Registered. 


ChaUetige. 


Section  8.  Immediately  upon  the  completion  of  these  lists  of 
registration  and  not  later  than  the  third  Saturday  next  preced- 
ing the  day  of  the  next  general  election,  the  Auxiliary  Registrar 
shall  make  and  certify  under  oath,  and  forward  by  registered 
mail  or  personal  delivery,  to  the  Registrars  of  the  various  hund- 
reds or  election  districts  of  this  State,  the  names  and  qualifica- 
tions as  recorded  by  him  of  all  those  who  applied  to  him  to  be 
registered  in  such  hundreds  or  election  districts ;  together  with 
the  constitutional  fee  for  registration  received  by  him  from 
them. 


Section  9.  The  Registrars  of  and  for  the  respective  hun- 
dreds or  election  districts  of  this  State,  who  shall  receive  any 
such  list  from  any  Auxiliary  Registrar  as  herein  provided  for, 
shall  open  such  list  of  voters  during  the  first  hour  of  the  next 
succeeding  meeting  of  the  officers  of  registration  for  the  purpose 
of  registering.  Then  and  there  the  Registrar  shall  in  a  clear  and 
distinct  voice,  audible  to  those  in  the  room  and  as  well  to  those 
about  the  window,  where  voters  are  gathered  for  the  purpose  of 
being  registered,  read  the  name  of  each  voter  so  returned  by 
the  Auxiliary  Registrar  for  registration.  Ever}'  name  shall  be 
entered  upon  the  books  of  registration  kept  in  and  for  such  hun- 
dred or  election  district,if  it  is  found  that  the  person  represented 
by  such  name  would  have  been  qualified  to  have  appeared  there 
in  person  and  been  registered.  But  any  member  of  the  board 
of  Registration  or  any  qualified  voter  of  the  election  district  may 
challenge  the  registering  of  the  names  upon  the  book  of  regis- 
tration, for  the  hundred  or  election  district ;  and  the  question  of 
the  right  to  register  such  name  shall  be  determined  by  the  reg- 


33 

istration  officers  just  as  they  are  authorized  to  determine  like 
questions  concerning  those  who  present  themselves  before  them 
there  in  the  election  district.  The  Registrar  shall  keep  com-  Registrar  to> 
plete  and  inviolate  the  list  of  names  and  quahfications  just  as  he  ^*^^'- 
received  them  from  the  Auxiliary  Registrar,  but  such  list  shall 
always  be  subject  to  the  inspection  of  the  qualified  voters  of  the 
election  district,  provided  it  shall  not  be  taken  from  the  posses- 
sion of  the  Registrar. 


The  Registrar  of  the  election  district  shall  also  make  and  List  of  those 

registered  f 
inspection. 


keep  for  the  inspection  of  the  voters  of  his  election  district  a  list  ^er-stered  for 
of  all  those  names  which  he  has  received  from  the  Auxiliary- 
Registrar,  and  which  have  been  granted     registration     on   the 
books  of  that  hundred  or  election  district,  and  he  shall  also  keep 
another  separate  list  of  all  the  names  so  received  by  him  which 
have  been  denied  registration  upon  said  books,  and  those  lists  ustnot 
shall  in  like  manner  be  at  all  times  subject  to  the  inspection  of  ^s'^^^red. 
the  qualified  voters  of  that  hundred  or  election  district.     And 
from  the  action  of  the  Registration  officers  in  so  granting  or 
refusing  registration  to  any  name  received  from  the  Auxilian.- 
Registrar,  any  Registration    officer    or    interested  person  may 
appeal  as  provided  for  in  Section  4  of  Article  \*  of  the  amended  ^pp^^* 
Constitution. 

Section  10.     All  registration  fees  received  by  the  Registra-  Registration fee^ 
tion  officer  of  any  district  from  the  Auxiliar\-  Registrar  shall  be 
held  by  him  and  delivered  with  other  fees  for  the  benefit  of  his 
county,  whether  the  name  of  the  party  having  paid  the  fee  shall 
have  been  registered  or  not. 

Section  11.     The  AuxiiiarA-  Registration  officer  provided  conrpecsatioDi 
for  by  this  Act  shall  receive  such  compensation  per  day  as  is  al-  "'Ajis-ii^ry 
lowed  to  Registrars  sitting  in  the  various  districts  of  this  State,    ^^^''^ 
and  he  shall  be  allowed  and  paid  by  the  State  Treasurer  such  an 
amount  for  traveling  expenses  as  shall  be  approved  by  the  State  Ho-*paid. 
Auditor  upon  vouchers  presented  him. 

Approved  June  25,  A.  D.  1898. 


54 


CHAPTER  64,  VOLUME  22. 

AN  ACT  in  relation  to  Registration  Books  which  it  is  the  duty  of  the 
Governor  to  cause  to  be  prepared  for  the  use  of  the  Registration  Offi- 
cers in  each  Election  District  in  the  State  including  those  in  the  City 
of  "Wilmington  and  certain  entries  thereon. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

_    . .  ..  Section  i.     That  hereafter  it  shall  not  be  necessary  to  enter 

Registration  ,  ,  .     ,  ,  .  111, 

Books  not  to  the  color  ot  the  persoti  ap])j\irig  to  be  registered  on  the  books 
for°lnt"ries'asTo^  known  as  Registers  which  is  the  duty  under  the  laws  of  this 
color.  State  of  the  Governor  to  cause  to  be  prepared  for  the  use  of  the 

Registration  oiTicers  in  each  Election  District  in  this  State,  in- 
cluding those  in  the  City  of  Wilmington  for  the  Registration  of 
voters,  and  that  hereafter  such  Registers  shall  not  contain  col- 
umns for  entries  as  to  color. 

Section  2.  That  after  this  Act  becomes  a  law,  it  shall  not  be 
xiot^to  be^tated   lawful  to  ontcr  the  age  of  any  one  applying  to  be  registered  on 
the  books  aforesaid  in  the  column  headed  "age,"  but  it  shall  be 
sufficient  to  enter  that  the  applicant  is  "Twenty-one  and  up- 
wards." 

Section  3.     That  all  Act.s  or    parts    of    Acts    inconsistent 
herewith  be  and  the  same  £:re  hereby  repealed. 

Approved  March  14,  A.  D.  1901. 


35 


CHAPTER  56,  VOLUME  23. 

-AN  ACT  amending  Section  16  of  Chapter  36  of  Volume  21  of  the  Laws 
of  Delaware  relating  to  appeals  from  the  Decisions  of  the  Begistrars. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
.State  of  Delaware  in  General  Assembly  met  : 

Section  i.     That  Section  i6  of  Chapter  36  of  Volume  21 
oi  the  Laws  of  Delaware  is  hereby  amended  by  striking  out  the  section  16, 
words  "Thursday  next  following  the  third  Saturday  of  August"  vdumelf; 
in  the  fourteenth  line  of  said  Section,  and  inserting  in  lieu  there-  ^^^"o^tfml'of 
■of  the  words  "the  first  Tuesday  in  September";  and  by  striking  holding  appeals 
-out  the  words  "the  Tuesday  next  following"  in  the  twenty-third  R°egisualr"  °^ 
and  twenty-fourth  lines  of  said  Section,  and  inserting  in  lieu 
thereof  the  words  "the  first  Monday  after  the  fourth  Saturday 
in  September" ;  and  by  striking  out  the  words  "the  previous 
week"  in  the  twenty-fifth  and  twenty-sixth  lines  of  said  Section ; 
and  by  striking  out  all  between  the  word  "provided"  in  the  forty- 
ninth  line  of  said  Section  and  the  word  "unless"  in  the  fifty- 
fourth  line  of  said  Section,  and  inserting    in    lieu    thereof    the 
words  "that  appeals  from  the    decisions    of    the    registrations 
'Officers  made  on  the  first,  second,  third  or  fourth  registration 
•day  shall  not  be  received  on  the  third  or  fourth  appeal  day." 

Approved,  March  20,  A.  D.  1905. 


36 


General  election 
where  held. 


Department  of 
elections  to  des- 
ignate voting 
places  in 
Wilmington. 


Who  to  vote. 


6th  Rep.  Dist. 

First  Election 
District. 


Who  to  vote  in. 
Place  of  voting. 


2d  Election 
District. 


Who  to  vote  in. 
Place  of  voting. 


id  Election 
)istrict. 


CHAPTER  38,  VOLUME  21. 

AN"  ACT  in  regard  to  General  Election. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the- 
State  of  Delaware  in  General  Assembly  met : 

Section  i.  The  general  election  in  and  for  the  several 
counties  of  this  State,  on  the  Tuesday  next  after  the  first  Mon- 
day of  November,  shall  be  held  in  the  respective  election  dis- 
tricts of  the  Representative  districts  of  said  counties,  at  the- 
places  hereinafter  appointed  for  that  purpose,  that  is  to  say : 

FOR  THE  CITY  OF  WILMINGTON. 

The  Department  of  Elections  for  the  City  of  Wilmington,, 
estaljlished  b}  virtue  of  an  Act  of  the  General  Assembly,  entitled' 
"An  Act  creating  a  Department  of  Elections  for  the  City  of  Wil- 
mington, approved  May  20th,  A.  D.  1898,  shall  at  the  time  of 
dividing  the  said  city  into  election  districts  and  establishing  the 
boundries  thereof,  designate  some  suitable  and  proper  place  in 
each  election  district  for  holding  the  elections  therein,  and  all 
persons  entitled  to  vote  in  the  said  several  respective  election- 
districts  thus  established,  shall  vote  at  the  place  designated  and 
appointed  by  the  said  Department  of  Elections,  for  holding  elec- 
tions in  the  said  several  respective  election  districts. 

FOR  NEW  CASTLE  COUNTY  OUTSIDE  OF  THE  CITT 

OF  WILMINGTON. 

The  First  Election  District  of  the  Sixth  Representative 
District  shall  embrace  all  that  portion  of  Brandywine  Hundred' 
heretofore  known  as  the  Eastern  Election  District  of  Brandy- 
wine  Hundred,  and  all  persons  entitled  to  vote  in  said  First 
Election  District,  shall  vote  ai  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  Eastern  Election  District  of 
Brandyv/ine  Hundred. 

The  Second  Election  District  of  the  Sixth  Representative 
District  shall  embrace  all  that  portion  of  Brandywine  Hundred 
heretofore  known  as  the  i^Iorlhern  Election  District  of  Brandy- 
wine Hundred,  and  all  persons  entitled  to  vote  in  said  Second' 
Election  District  shall  vote  at  the  place  heretofore  designated' 
by  law  for  holding  elections  in  said  Northern  Election  District 
of  Brandywine  Hundred. 

The  Third  Election  District  of  the  Sixth  Representative- 
District  shall  embrace  all  that  portion  of  Brandywine  Hundred! 


37 

heretofore  known  as  the  Southern  Election  District  of  Brandy- 
wine  Hundred,  and  all  persons  entitled  to  vote  in  said  Third  who  to  vote  in. 
Election  District,  shall  vote  at  the  place  heretofore  designated  piaceofvotin 
by  law  for  holding  elections  in  said  Southern  Election  District    ^"  °  ''°  '°^' 
of  Brandywine  Hundred. 

The  First  Election  District  of  the  Seventh  Representative  7th  Rep.  Dist. 
Dis-trict  shall  embrace  all  that  portion  of  Christiana  Hundred  Disn-'rc't""" 
heretofore  known  as  the  Newport  Southern  Election  District  of 
Christiana  Hundred,  and  all  persons  entitled  to  vote  in  said 
First  Election  District,  shall  vote  at  the  place  heretofore  desig-  who  to  vote  in 
nated  by  law  for  holding  elections  in  said  Newport  Southern  . 

Election  District  of  Christiana  Hundred.  ^*^^°  ^°"°^" 

The  Second  Election  District  of  the  Seventh  Representative  2d  Election  Dist. 
District  shall  embrace  all  that  portion  of  Christiana  Hundred 
heretofore  known  as  the  Marshallton  Southern  Election  Dis- 
trict of  Christiana  Hundred,  and  all  persons  entitled  to  vote  in 
said  Second  Election  District  shall  vote  at  the  place  heretofore 
designated  by  law  for  holding  elections  in  said  Marshallton  Place  of  voting. 
Southern  Election  District  of  Christiana  Hundred. 

The  Third  Election  District  of  the  Seventh  Representative  3d  Election  Dist 
District  shall  embrace  all  that  portion    of    Christiana  Hundred 
heretofore  known  as  the  Northern  Election  District  of  Chris- 
tiana Hundred,  and  all  persons  entitled  to  vote  in  said  Third  w;,«.      »  • 

-i->i         •  -r^-        •  1      11  r  1       •  Who  lo  vote  m. 

Election  District,  shall  vote  at  the  place  heretofore  designated 

"by  law  for  holding  elections  in  said  Northern  Election  District     ^'^^°  votmg. 

of  Christiana  Hundred. 

The  Fourth  Election  District  of  the  Seventh  Representative   ^,  „,        _,.  , 

T-\--  111  1  111  •  r/-(i--TT  ij  4th  Election  Dist 

District  shall  embrace  all  that  portion  of  Christiana  Hundred 
as  is  now  provided  by  law  as  the  Western  Election  District  of 
Christiana  Hundred,  and  all  persons  entitled  to  vote     in     said 
Fourth  Election  District  shall  vote  at  the  place  heretofore  des-  who  to  vote  in; 
ignated  by  law  for  holding  elections  in  said  Western  Election  Place  of  voting. 
Dis'trict  of  Christiana  Hundred. 

The  Fifth  Election  District  of  the  Seventh  Representative  ^jj^^ig^jiQ^jji^j 
District  shall  embrace  all  that  portion  of  Christiana  Hundred 
lying  within  the  following  boundaries :  that  commencing  in  the 
middle  of  public  road  at  the  Barley  Mill,  formerly  operated  by 
Pyle  &  Mclntyre,  running  along  the  middle  of  the  said  road  in 
a  westerly  direction  past  the  St.  Joseph's  Catholic  Church  and 
across  the  Kennett  Turn  Pike ;  thence  continuing  along  the 
said  road  by  its  various  courses  to  the  eastern  bank  of  Red  Clay 
Creek ;  thence  along  the  said  creek  in  a  southerly  direction  by 
its  several  courses  to  the  middle  of  the  Lancaster  Turnpike ; 
thence  along  the  middle  of  the  said  Turnpike  in  an  easterly  di- 
rection to  the  western  boundary  line  to  the  City  of  Wilmington ; 


Boundaries. 


38 


thence  following  the  said  boundary  line  by  its  several  courses  int 
a  northern  direction  to  the  south  bank  of  the  Brandywinep 
thence  along  the  said  Brandywine  by  its  several  courses  in  a 
westerly  direction  to  the  place  of  beginning,  the  Barley  MilL 
Being  the  East  Election  District  of  Christiana  Hundred  as 
formed  by  an  Act  of  the  General  Assembly  passed  at  Dover, 
Who  to  vote  in.  March  19th,  1897,  and  all  persons  entitled  to  vote  in  said  Fifth 
Place  of  voting.  Elcction  District  shall  vote  at  the  public  house  of  Thomas  J. 
Lawless  known  as  Mt.  Pleasant  Hotel  in  said  East  Election: 
District  of  the  Seventh  Representative  District. 

8th  Rep.  Dist.  ^^6  First  Elcctiou  District  of  the  Eighth  Representative- 

ist  Election  Dist  District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred 

heretofore  known  as  the  Mill  Creek  Eastern  Election  District, 
Who  to  vote  in.  and  all  persons  entitled  to  vote  in  said  First  Election  District 
Place  of  voting,  shall  votc  at  the  place  he;-etofore  designated  by  law  for  holding 

elections  in  said  Mill  Creek  Eastern  Election  District. 

The  Second  Election  District  of  the  Eighth  Representative 
District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred,, 
heretofore  known  as  Mill  Creek  Northern  Election  District,  and 
all  persons  entitled  to  vote  in  said  Second  Election  District  shall' 
vote  at  the  place  heretofore  designated  by  law  for  holding  elec- 
tions in  said  Mill  Creek  Northern  Election  District. 

The  Third  Election  District  of  the  Eighth  Representative 
District  shall  embrace  all  that  portion  of  Mill  Creek  Hundred,, 
heretofore  known  as  Mill  Creek  Western  Election  District,  and 
all  persons  entitled  to  vote  in  said  Third  Election  District  shall 
vote  at  the  place  heretofore  designated  by  law  for  holding  elec- 
tions in  said  Mill  Creek  Western  Election  District. 


2d  Election  Dist, 


Who  to  vote  in. 
Place  of  voting. 


3d  Election  Dist. 


Who  to  vote  in. 
Place  of  voting. 


Qth  Rep.  Dist.  The  First  Election  District    of    the  Ninth  Representative 

ist  Election  Dist  District  shall  embrace  all  that  portion  of  White  Clay  Creek 
Hundred  heretofore  known  as  the  White  Clay  Creek  West  Elec- 

whotovotein  ^^'"'^^  District,  and  all  persons  entitled  to  vote  in  said  First  Elec- 
tion District,  shall  vote  at  the  place  heretofore  designated,  by 

Place  of vofng.  j^^^  ^^^  holding  clcctious  in  Said  White  Clay  Creek  West  Elec- 
tion District. 


ad  Election  Dist, 


Who  to  vote  in. 
Place  of  voting. 


The  Second  Election  District  of  the  Ninth  Representative 
District  shall  embrace  all  that  portion  of  White  Clay  Creek 
Hundred  heretofore  known  as  the  White  Clay  Creek  Central 
Election  District,  and  all  persons  entitled  to  vote  in  said  Second 
Election  District  shall  vote  at  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  White  Clay  Creek  Central 
Election  District. 


d  Election  Dist  The  Third  Election  District  of  the  Ninth  Representative 

District  shall  embrace  all  that  portion   of  White   Clay  Creek 
Hundred  heretofore  known  as  the  White  Clay  Creek  East  Elec- 


39 

tion  District,  and  all  persons  entitled  to  vote  in  said  Third  Elec-  who  to  rote  ia, 
tion  District  shall  vote  at  the  place  heretofore  designated  by  law  pj^  ^  j^  .^^ 
for  holding  elections  in  said  White  Clay  Creek  East  Election    **^^°  ^° '°  ' 
District. 

The  First  Election  District    of    the  Tenth  Representative  loth  Rep,  Dist. 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred  ist  Election  Disi 
heretofore  known  as  the  Eastern  Election  District  of  New  Cas- 
tle Hundred,  and  all  persons  entitled  to  vote  in  said  First  Elec-  who  to  vote  in, 
tion  District  shall  vote  at  the  place  heretofore  designated  by  Place  of  votings 
law  for  holding  elections  in  said  Eastern  Election  District  of 
New  Castle  Hundred. 

The  Second  Election  District  of  the  Tenth  Representative  ^^  Election  Dist. 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred 
heretofore  known  as  the  Northern  Election  District     of     New 
Castle  Hundred,  and  all  persons  entitled  to  vote  in  said  Second  who  to  vote  in. 
Election  District  shall  vote  at  the  place  heretofore  designated  piace  of  voting. 
by  law  for  holding  elections  in  said  Northern  Election  District 
of  New  Castle  Hundred. 

The  Third  Election   District  of  the  Tenth   Representative  3d  Election  Dist. 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred 
heretofore  known  as  the  Western  ElecHon  District  of  New  Cas- 
tle Hundred  and  all  persons  entitled  to  vote  in  said  Third  Elec-  whoi 
tion  District  shall  vote  at  the  place  heretofore  designated  by 
law  for  holding  elections  in  said  Western  Election  District  of 


1  to  vote  in. 


Place  of  voting. 


'fe 


New  Castle  Hundred. 

The  Fourth  Election  District  of  the  Tenth  Representative  4th  Election Dist 
District  shall  embrace  all  that  portion  of  New  Castle  Hundred 
heretofore  known  as  the  Southern  Election  District     of     New 
Castle  Hundred,  and  all  persons  entitled  to  vote  in  said  Fourth  who  to  vote  in. 
Election  District  shall  vote  at  the  place  heretofore  designated  piace  of  voting, 
by  law  for  holding  elections  in  said  Southern  Election  District 
of  New  Castle  Hundred. 

The  First  Election  District  of  the  Eleventh  Representative  „th  Rep.  Dist. 
District  shall  embrace  all  that  portion  of  Pencader  Hundred  ist  Election  Dist 
heretofore  known  as  North  Pencader  Election  District  of  Pen- 
cader Hundred,  and  all  persons  entitled  to  vote  in  said  First  who  to  vote  in. 
Election  District  shall  vote  at  the  place  heretofore  designated  piace  of  voting. 
by  law  for  holding  elections    in     said  North  Pencader  Election 
District  of  Pencader  Hundred. 

The  Second  Election  District  of  the  Eleventh  Representa-  2d  Election  Dist 
tive  District  shall  embrace  all  that  portion  of  Pencader  Hundred 
heretofore  known  as  the  South  Pencader  Election  District  of,,,,    , 

-r->  1TT11  -11  ■  *J  Who  to  vote  in. 

Pencader  Hundred,  and  all  persons  entitled    to    vote    in    said 

Second  Election  District  shall  vote  at  the  place  heretofore  des-  P'^ce  of  voting. 


40 

ignated  by  law  for  holding  elections  in  said  South  Pencader 
Election  District  of  Pencader  Hundred. 

aafh  Tiep.  Dist.  The  First  Election  District  of  the  Twelfth  Representative 

ist  Election  Dist  District  shall  embrace  all  that  portion     of    Red  Lion  Hundred 

heretofore  known  as  the  Red  Lion  Eastern  Election  District, 

,-,,    ^      .  .     and  all  persons  entitled  to  vote  in  said  First  Election  District 

vV  ho  to  vote  in.       in  i  i  i  r  i-  111  riii- 

shall  vote  at  the  place  heretofore  designated  bv  law  for  holding 
ipiace  of  voting,  gjections  lu  Said  Red  Lion  Eastern  Election  District. 

:2d  .Election  Dist  The  Sccoud  Elcctiou  District  of  the  Twelfth  Representative 

District  shall  embrace  all  that  portion  of  Red  Lion  Hundred 
heretofore  known  as  the  Red  Lion  Western  Election  District, 
and  all  persons  entitled  to  vote  in  said  Second  Election  District 

Place  of  voting,  gh^ll  votc  at  the  placc  heretofore  designated  by  law  for  "Holding 
elections  in  said  Red  Lion  Western  Election  District. 

asth  Rep.  Dist.  The  First  Election  District  of  the  Thirteenth  Representa- 

ast  Election  Dist  tive  District  shall  embrace  all  that  portion  of  St.  George's  Hun- 
dred, heretofore  known  as  the  East  St.  George's  First  Election 
Precinct,  and  all  persons  entitled  to  vote  in  First  Election  Dis- 
"Who  tovotein.  j-j-jcj-  shall  votc  at  the  place  heretofore  designated  by  law  for 
Place  of  voting,  holding  clcctions  in  said  East  St.  George's  First  Election  Pre- 
cinct. 

2d  Election  Dist  The  Sccoud  Elcctiou  District  of  the  Thirteenth  Represen- 

tative District  shall  embrace  all  that  portion  of  St.  George's 
Hundred  heretofore  known    as    the  East  St.  George's  Second 

-Who  to  vote  in.  Elcctiou  Prcciuct,  and  all  persons  entitled  to  vote  in  Second 

Election  District  shall  vote  at  the  place  heretofore  designated 

aceo\oing.  ^^  j^^^  ^^^  holding  clectious  in  said  East  St.  George's  Second 

Election  Precinct. 

3d  Election  Dist  The  Third  Election  District  of  the  Thirteenth  Representa- 

tive District  shall  embrace  all  that  portion  of  St.  George's  Hun- 
dred heretofore  known  as  the  West  St.  George's  First  Election 
Who  to  vote  in.  Prccinct,  and  all  persons  entitled  to  vote  in  said  Third  Election 
Place  of  voting  District,  shall  vote  at  the  place  heretofore  designated  by  law 
for  holding  elections  in  said  West  St.  George's  First  Election 
Precinct. 

4th  Election  Dist  The  Fourth  Election  District  of  the  Thirteenth  Representa- 

tive District  shall  embrace  all  that  portion  of  St.  George's  Hun- 
dred heretofore  known  as  the  West  St.  George's  Second  Elec- 
•who  to  vote  in.  tion  Prccinct,  and  all  persons  entitled  to  vote  in  said  Fourth 
„,       ,    ..       Election  District,  shall  vote  at  the  place  heretofore  designated 

Place  of  voting.    ,,  ^  ,ii-  1  ■  •  .^itt  ^^  'o  1 

by  law  tor  holding  elections  in  said  West  St.  George  s  Second 
Election  Precinct. 

•14th  Rep.  Dist.  The  First  Election  District  of  the  Fourteenth  Representa- 

flst  Election  Dist  tive  District  shall  embrace  all  that  portion  of  Appoquinimink 


41 

Hundred  heretofore  known  as  the  Eastern  Election  District  of 
Appoquinimink  Hundred,  and  all  persons  entitled  to  vote  in  who  to  vote  in. 
;said  First  Election  District  shall  vote  at  the  place  heretofore  piace  of  voting, 
designated  by  law  for  holding  elections  in  said  Eastern  Election 
District  of  Appoquinimink  Hundred. 

The  Second  Election  District  of  the  Fourteenth  Represen-  jd  Election  Dist 
tative  District  shall  embrace  all  that  portion  of  Appoquinimink 
Hundred  heretofore  known  as  the  Western  Election  District  of 
Appoquinimink  Hundred,  and  all  persons  entitled  to  vote  in  said  who  to  vote  in. 
'Second  Election  District  shall  vote  at  the  place  heretofore  des- 
ignated by  law  for  holding  elections  in  said  Western  Election 
District  of  Appoquinimink  Hundred.  _ 


Place  of  voting. 


The  First  Election  District  of  the  Fifteenth  Representative  15th  Rep.  Dist. 
District  shall  embrace  all  that  portion  of  Blackbird  Hundred  ist  Election  Dist 
Tieretofore  known  as  the  Eastern  Election  District  of  Blackbird 
Hundred,  and  all  persons  entitled  to  vote  in  said  First  Election  who  to  vote  in 
District  shall  vote  at  the  place  heretofore  designated  by  law  for 
"holding  elections  in  said  Eastern  Election  District  of  Blackbird     ^"°  voting. 
Hundred. 

The  Second  Election  District  of  the  Fifteenth  Representa-  2d  Election  Dist 
tive  District  shall  embrace  all  that  portion  of  Blackbird  Hund- 
red heretofore  known     as     the     Western  Election  District  of 
Blackbird  Hundred,  and  all  persons  entitled  to,  vote  in  said  Sec-  who  to  vote  in. 
ond  Election  District  shall  vote  at  the  place  heretofore  desig- piace  of  voting. 
Tiated  by  law  for  holding  elections  in  said  Western  Election  Dis- 
trict of  Blackbird  Hundred. 

FOR  KENT  COUNTY. 

The  First  Election  District  of  the  First  Representative  Dis-  istRep.  Dist 
trict  shall  embrace  all  that  portion     of     Duck  Creek  Hundred  ist  Election  Dist 
lieretofore  known  as  the  Eastern  Election  District     of     Duck 
Creek  Hundred,  and  all  persons  entitled  to  vote  in  said  First  ,„,    ,    „.  .„ 

-r-^1-  -rx--  11  1  i  r  i-  1   Who  to  vote  in 

Election  District  shall  vote  at  the  place  heretofore  designated 

by  law  for  holding  elections  in  said  Eastern  Election  District  of  ^'^"  °  ^°""^ 

Duck  Creek  Hundred. 

The  Second  Election  District  of  the  First  Representative  ^d  Election  Dist 
District  shall  embrace  all  that  portion  of  Duck  Creek.  Hundred 
"heretofore  known  as  the  Western  Election  District    of     Duck 
Creek  Hundred,  and  all  persons  entitled  to  vote  in  said  Second  who  to  vote  in 
Election  District  shall  vote  at  the  place  heretofore  designated  piace  of  voting 
by  law  for  holding  elections  in  said  Western  Election  District 
of  Duck  Creek  Hundred. 

The  First  Election  District  of  the  Second  Representative  2d  Rep.  Dist 
District  .shall  £mbrace  all  of  Little  Creek  Hundred,  and  all  per-  ist  Election  Dist 


4? 


Who  to  vote  in    SODS  entitled  to  vote  in  said  First  Election  District  shall  vote  at 
Place  of  voting   ^^^  placc  heretofore  designated  by  law  for  holding  elections  in 
said  Little  Creek  Hundred. 

2d  Election  Dist  The  Second  Election  District  of  the  Second  Representative 

District,  shall  embrace  all  that  portion  of  East  Dover  Hundred 
heretofore  known  as  Election  District  Number  One,  of  East 
Who  to  vote  in  Dovcr  Hundred,  and  all  persons  entitled  to  vote  in  said  Second 
Place  of  voting  Elcctiou  District,  shall  vote  at  the  place  heretofore  designated 
by  law  for  holding  elections  in  said  election  district  Number 
One  of  East  Dover  Hundred. 


3d  Rep.  Dist 
Election  Dist 

Who  to  vote  in 
Place  of  voting 

4th  Rep.  Dist 
Election  Dist 


Boundaries 


The  Election  District  of  the  Third  Representative  District,, 
shall  embrace  all  of  Kenton  Hundred,  and  all  persons  entitled! 
to  vote  in  said  Election  District  shall  vote  at  the  place  hereto- 
fore designated  by  law  for  holding  elections  in  said  Kenton 
Hundred. 

The  Election  District  of  the  Fourth  Representative  District 
shall  embrace  all  of  West  Dover  Hundred  and  all  that  portion 
of  East  Dover  Hundred  lying  next  to  West  Dover  Hundred  and 
separated  from  the  rest  of  East  Dover  Hundred  by  the  follow- 
ing boundary  lines.  Beginning  at  the  middle  of  the  public  roadl 
leading  from  the  Horsehead  road  to  Kenton  at  the  point  of  in- 
tersection of  Kenton  Hundred  and  East  Dover  Hundred,  thence- 
running  along  the  middle  of  the  said  road  to  the  Horsehead 
road,  thence  running  in  a  westerly  direction  along  the  middle 
of  the  said  Horsehead  road  a  short  distance  to  a  short  road 
leading  from  the  said  Horsehead  road  to  the  road  from  Dover 
to  Hazlettville,  known  as  the  Hazlettville  road,  thence  running 
along  the  middle  of  the  said  short  road  from  the  HorseheacC 
road  to  the  said  Hazlettville  road,  thence  running  in  a  westerly 
direction  along  the  middle  of  the  said  Hazlettville  road  a  short 
distance  to  the  road  leading  therefrom  to  Wyoming,  thence  run- 
ning along  the  middle  of  the  said  road  leading  from  the  said 
Hazlettville  road  to  Wyoming  to  the  point  of  intersection  of 
East  Dover  Hundred  and  North  Murderkill  Hundred,  and  all 
persons  entitled  to  vote  in  said  Election  District  shall  vote  at 
the  place  heretofore  designated  by  law  for  holding  elections  in 
West  Dover  Hundred. 

5th  Rep.  Dist  The  First  Election  District  of  the  Fifth  Representative  Dis- 

ist  Election  Dist  trict  shall  embrace  all  that  portion  of  Election  District  Number 
Two  of  East  Dover  Hundred  which  is  not  included  in  Repre- 
sentative District  Number  Four,  and  all  persons  entitled  to  vote 
Who  to  vote  in    in  said  First  Elcctiou  District  shall  votc    at    the    place  hereto- 
piace  of  voting    ^^ve  designated  by  law  for  holding  elections  in  said  Election  Dis- 
trict Number  Two  in  East  Dover  Hundred. 

2d  Election  Dist  The  Sccoud  Elcction  District  of  the  Fifth  Representative 

District,  shall  embrace  all  that  portion  of  the  Third  Election 


Who  to  vote  in 
Place  of  voting 


43 

District  of  East  Dover  Hundred  which  is  not  included  in  Rep- 
resentative District  Number  Four,  and  all  persons  entitled    to  who  to  vot«  in. 
vote  in  said  Second  Election  District  shall  vote  at  the  place  piaceofvotin 
heretofore  designated  by  law  for  holding  elections  in  said  Third 
Election  District  of  East  Dover  Hundred. 

The  First  Election  District  of  the  Sixth  Representative  Dis- 
trict shall  embrace  all  those  portions  of  North  Murderkill  and  ^''^^^p-.^'^V 
South  Murderkill  Hundred  included  within  the  following  bound-  "' 
ary  lines :  Beginning  at  a  point  on  the  Maryland  line  where 
the  line  dividing  West  Dover  Hundred  and  North  Murderkill  Boundaries 
Hundred  intersects  the  same  and  running  thence  with  said  Ma- 
ryland line  south  to  the  point  where  the  northern  boundary  line 
of  the  Second  Election  District  of  the  Sixth  Representative  Dis- 
trict intersects  the  said  Maryland  line,  thence  easterly  with  said 
northern  boundary  line  of  said  Second  Election  District  to  the 
road  from  Felton  to  Whiteleysburg,  thence  along  said  road  to 
the  Owl's  Nest  Road,  thence  running  in  a  northerly  direction 
along  the  middle  of  the  said  Owl's  Nest  Road  to  the  intersection 
of  the  Cowgill  Road  from  Woodside  to  Petersburg  then  run- 
ning in  a  northeasterly  direction  along  the  middle  of  the  said 
Cowgill  Road  to  the  Reed  Road  running  from  Woodside  to  Du- 
Pont's  School  House,  thence  running  in  a  northwesterly  direc- 
tion along  the  middle  of  the  said  Reed  Road  to  DuPont's  School 
House,  thence  running  in  a  northerly  direction  along  the  mid- 
dle of  the  public  road  leading  from  Willow  Grove  to  Camden,  a 
short  distance  to  Stubb's  Corner,  thence  running  in  a  westerly 
and  northwesterly  and  westerly  direction  along  the  middle  of 
the  public  road  leading  from  DuPont's  School  House  to  the 
Alms  House  to  Gray's  Corner,  thence  continuing  in  a  direct 
westerly  line  to  the  southern  boundary  line  of  West  Dover  Hun- 
dred, thence  following  the  southern  boundary  line  of  West  Do- 
ver Hundred  in  a  westerly  direction  to  the  place  of  beginning,  who  to  vote  in 
and  all  persons  entitled  to  vote  in  said  First  Election  District 
shall  vote  at  the  place  heretofore  designated  by  law  for  holding  ^"°  ^°"°^ 
elections  in  the  West  Election  District  of  North  Murderkill 
Hundred. 

The  Second  Election  District  of  the  Sixth  Representative  zd  Election  Dist 
District,  shall  embrace  all  the  portions  of  North  Murderkill, 
South  Murderkill  and  Mispillion  Hundreds  included  within  the 
following  boundary  lines ;  beginning  at  the  intersection  of  the  Boundaries, 
southern  line  of  South  Murderkill  Hundred  with  the  State  of 
Maryland,  thence  running  along  the  division  line  between  Mis- 
pillion  Hundred  and  South  Murderkill  Hundred  to  the  public 
road  leading  from  Whiteleysburg  to  Harrington,  thence  run- 
ning in  a  southeasterly  and  easterly  direction  along  the  middle 
of  said  public  road  to  the  public  road  leading  from  Masten's 
Corner  to  Vernon,  at  or  near  White's  Church,  thence  running 


44 


irx  a  northeasterly  direction  along  the  middle  of  the  said  public 
road  leading  from  Masten's  Corner  to  Vernon  a  short  distance 
to  the  public  road  leading  therefrom  to  the  town  of  Harrington, 
being  a  continuation  of  the  road  leading  from  Whiteleysburg 
to  Harrington,  thence  running  in  a  southeasterly  direction  to 
the  intersection  of  West  street  in  the  town  of  Harrington, 
thence  running  in  a  northerly  direction  along  the  middle  of  said 
West  street  to  the  middle  of  Wolcott  street  in  said  town  of  Har- 
rington, thence  running  in  an  easterly  direction  along  the  mid- 
dle of  said  Wolcott  street  to  the  middle  of  Dorman  street  in  said 
town  of  Harrington,  thence  running  in  a  northerly  direction 
along  the  middle  of  said  Dorman  street  to  Brown's  branch  being 
the  northwest  corner  of  lands  of  Joseph  Ward,  thence  running 
in  an  easterly  direction  with  the  course  of  said  branch  to  the 
Delaware  Railroad,  thence  running  in  a  northerly  direction 
along  said  Delaware  Railroad  to  Beaver  Dam  Branch  in  South 
Murderkill  Hundred,  thence  following  the  course  of  said  Bea- 
ver Dam  Branch  in  a  northwesterly  direction  to  the  public  road 
leading  from  Felton  to  Whiteleysburg,  thence  westerly  with  the 
said  last  mentioned  road  to  what  is  known  as  the  "Big  Ash," 
thence  in  a  northerly  direction  with  the  public  road  leading 
by  Willis'  Chapel,  thence  by  the  public  school  house  near  Mrs. 
Charles  Warren  and  on  by  Cohee's  Shops  and  Sandtown, 
leaving  the  village  to  the  north,  thence  by  the  county 
road  leading  from  Sandtown  to  Greensboro  to  the  Mary- 
land line,  thence  by  the  said  Maryland  line  south  to  the  place 
of  beginning,  and  all  persons  entitled  to  vote  in  said  Sec- 
-whotovotein  ^^^  Elcction  District  shall  vote  at  Masten's  Corner  at  such 
Place  of  voting  place  as  shall  be  procured  by  the  inspector  or  other  officer  hold- 
ing the  election  in  said  Second  Election  District  of  the  Sixth 
Representative  District. 


The  Election  District  of  the  Seventh  Representative  Dis- 
trict shall  embrace  all  that  portion  of  North  Murderkill  Hund- 
red not  included  in  Representative  District  Number  Six,  and  all 
'Who  to  vote  in  persous  entitled  to  vote  in  said  election  district  sTiall  vote  at  the 
place  heretofore  designated  by  law  for  holding  elections  in  the 
Eastern  Election  District  of  North  Murderkill  Hundred. 


:7th  Rep.  Dist 
Election  Dist 


Place  of  voting 


.8th  Rep.  Dist  The  First  Election  District  of  the  Eighth  Representative 

ast  Election  Dist  District  shall  embrace  all  that  portion  of  South  Murderkill  Hun- 
dred which  is  not  included  in  the  Sixth  Representative  District, 
and  which  lies  west  of  the  following  lines :  Beginning  at  a  point 
at  or  near  Locust  Grove  school-house  on  the  line  dividing  North 
boundaries  and  South  MurdcrkiU  Hundreds,  and  running  thence  southerly 
by  the  public  road  leading  to  and  by  Virden's  Mill,  and  thence 
southerly  by  the  same  public  road  '  to  Boswell's  Mill,  thence 
southerly  to  the  Felton  and  Frederica  road,  thence  southwest- 
erly with  line  of  said  Frederica  and  Felton  road  to  Roe's  Cor- 


45 

ner,  on  the  road  from  Canterbury  to  Roe's  Village,  thence  east- 
erly by  a  public  road  to  a  public  road  leading  to  Spring  Mills, 
and  thence  by  the  said  last  mentioned  road  to  said  Spring  Mills, 
thence  southerly  to  the  line  dividing  Milford  from  South  Mur- 
derkill  Hundred,  and  all  persons  entitled  to  vote  in  said  First  who  to  vote  in 
Election  District  shall  vote  at  the  place  heretofore  designated  puce  of  voting 
for  holding  elections  in  Election  District  Number  One  of  South 
Murderkill  Hundred. 

The  Second  Election  District  of  the  Eighth  Representative  sthRep.  Dist 
District,  shall  embrace  all  that  portion     of     South  Murderkill  2d  Election  Dist 
Hundred  lying  east  of  the  First  Election  District  of  the  said 
Representative  District,  and  all  persons  entltleci  to  vote  in  said  who  to  vote  in 
Second  Election  District  shall  vote  at  the  place  heretofore  des-  pj^ce  of  voting, 
ignated  for  holding  elections  in  Election  District  Number  Two 
of  South  Murderkill  Hundred. 

The  First  Election  District  of  the  Ninth  Representative  ^t^ Rep. District 
District,  shall  embrace  all  that  portion     of     Election  District  ist  Election  Dist 
Number  One  of  Mispillion  Hundred  not  included  in  Represen- 
tative District  Number  Six,  and  all  persons  entitled  to  vote  in  who  to  vote  in 
said  First  Election  District  shall  vote  at  the  place  heretofore  pi^j.gpf^j,^i„g 
designated  by  law  for  holding  elections  in   Election   District 
Number  One  of  Mispillion  Hundred. 

The  Second  Election  District  of  the  Ninth  Representative  ^d  Election  Dist 
District,  shall  embrace  all  that  portion  of  Mispillion  Hundred 
lying  south  of  the  First  Election  District  of  said  Ninth  Repre- 
sentative District,  and  all  persons  entitled  to  vote  in  said  Sec- who  to  vote  in. 
ond  Election  District  shall  vote  at  the  place  heretofore  desig- pj_^^^^^^^ 
nated  by  law  for  holding  elections  in  Election  District  Number 
Two  of  Mispillion  Hundred. 

The  First  Election  District  of  the  Tenth  Representative  Dis-  ^^^j^  ^^^  ^-^^ 
trict,  shall  embrace  all  that  portion  of  Milford  Hundred  included  ,st  Election  Dist 
in  the  Eastern  Election  District  of  Milford  Hundred,  and  all 
persons  entitled  to  vote  in  said  First  Election  District  shall  vote  who  to  vote  in 
at  the  place  hertofore  designated  by  law  for  holding  elections  in  pi^ce  of  voting 
said  Eastern  Election  District  of  Milford  Hundred. 

The  Second  Election  District  of  the  Tenth  Representative  ^^  Election  Dist 
District,  shall  embrace  all  that  portion  of  Milford  Hundred  in- 
cluded in  the  Western  Election  District  of  Milford  Hundred, 
and  all  persons  entitled  to  vote  in  said  Second  Election  District  who  to  vote  in 
, shall  vote  at  the  place  heretofore  designated  by  law  for  holding  piace  of  voting 
elections  in  said  Western  Election  District  of  Milford  Hundred. 

FOR  SUSSEX  COUNTY. 

The  First  Election  District  of  the  First  Representative  Dis-  ^^^  R^p.  District 
trict  shall  embrace  all  that  portion  of  Cedar  Creek  Hundred  ,st  Election  Disc 


46 

heretofore  known  as  the  South  Milford  Election  District  of  Ce- 
-whotovotein    ^j^j.  Creek  Hundred  and  all  persons  entitled  to  vote  in  said 
ipiacc  of  voting    First  Election  District,  shall  vote  at  the  place  heretofore  desig- 
nated by  law  for  holding  elections  in  said  South  Milford  Elec- 
tion District  of  Cedar  Creek  Hundred. 


The  Second  Election  District  of  the  First  Representative 
District  shall  embrace  all  that  portion  of  Cedar  Creek  Hundred 
heretofore  known  as  the  LincolnElectionDistrict  of  CedarCreek 
Hundred  and  all  persons  entitled  to  vote  in  said  Second  Elec- 
tion District  shall  vote  at  the  place  heretofore  designated  by  law 
Place  of  voting  f^j.  folding  clcctions  in  said  Lincoln  Election  District  of  Cedar 
Creek  Hundred. 


;2d  Election  Dist 


Who  to  vote  in 


•  2d  Rep.  District  ^^^  First  Elcctiou  District  of  the  Second  Representative 

.  District  shall  embrace  all  that  portion  of  Nanticoke  Hundred 

which  lies  north  and  west  of  Gravelly  Branth,  beginning  at  a 

Boundaries  point  whcrc  the  said  Gravelly  Branch  intersects  the  dividing 
line  between  Georgetown  and  Nanticoke  Hundreds  and  running 
in  a  southwesterly  course  to  what  was  formerly  known  as  Rest's 
Old  Mill,  thence  along  said  branch  to  what  was  formerly  known 
as  Collins'  "Mills,"  to  its  mouth,  being  at  the  head  of  Middle- 

whotovotein    ford  Mill  Pond,  and  all  persons  entitled  to  vote  in  said  First 

Place  of  voting  Elcctiou  District  shall  vote  at  Owen's  Station,  at  such  place  as 
shall  be  procured  by  the  Inspector  or  other  ofhcer  holding  the 
election  in  said  First  Election  District  of  the  Second  Represen- 
tative District. 

2d  Election  Dist  The  Sccond  Elcction  District  of  the  Second  Representative 

District  shall  embrace  all  of  North  West  Fork  Hundred,  and  all 

Who  to  vote  in    pcrsous  entitled  to  vote  in  said  Election  District  shall  vote  at 

Place  of  voting    ^hc  placc  heretofore  designated  by  law  for  holding  elections  in 

said  North  West  Fork  Hundred. 

The  First  Election   District  of  the  Third  Representative 

3d  Rep.  District  district  shall  cmbracc  all  that  portion  of  Nanticoke  Hundred, 

ist  Election  Dist  which  lics  south  and  east  of  said  Gravelly  Branch,  beginning  at 

a  point  where  the  said  Gravelly  Branch  intersects  the  dividing 

line  between  Nanticoke  and  Georgetown  Hundreds,  running  in 

a  southwesterly  course  to  what  was  formerly  known  as  Rest's 

Boundaries        Old  Mill,  thcncc  along  the  said  branch  to  what  was  formerly 

known  as  Collins'  Mills,  to  its  mouth  at  the  head  of  Middleford 

Mill  Pond,  and  all  persons  entitled  to  vote  in  said  First  Election 

District  shall  vote  at  the  place  known  as  "Old  Furnace,"  at 

Who  to  vote  in    ^uch  placc  as  shall  be  procured  by  the  Inspector  or  other  officer 

holding  the  election  in  said  First  Election  District  of  the  Third 

aceo  voting    j^epj-ggentative  District. 

2d  Election  Dist  '^^^  Sccond  Elcction  District  of  the  Third  Representative 

District  shall  embrace  all  of  Seaford  Hundred,  and  all  persons 


47 

entitled  to  vote  in  said  Election  District  shall  vote  at  the  place  who  to  vote  in 
"heretofore  designated  by  law  for  holding  elections  in  said  Sea-  Place  of  voting 
ford  Hundred, 

The  Election  District  of  the  Fourth  Representative  Dis-   ^^^^   j^.^^ 
trict  shall  embrace  all  of  Broad  Creek  Hundred,  and  all  persons  Election  District 
entitled  to  vote  in  said  Election  District  shall  vote  at  the  place 
now  designated  by  law  for  holding  elections  in  said  Broad  Creek  pi^ce  of^voting 
Hundred. 

*The  First  Election  District    of    the  Fifth  Representative  5th  Rep. District 
District  shall  embrace  all  that  portion  of  Little  Creek  Hundred,  ist  Election  Dist 
heretofore  known  as  the  West  Election  District  of  Little  Creek 
Hundred  and  all  persons  entitled  to  vote  in  said  First  Election 
District  shall  vote  at  the  place  heretofore  designated  by  law  for  who  to  vote  in 
holding  elections  in  said  West  Election  District  of  Little  Creek  Place  of  voting 
Hundred. 

tThe  Second  Election  District  of  the  Fifth  Representative    ,  ^,   ,.     r^.  , 

_-.       '.  11      1  •  r   T   •      1       ,-A         1     TT  1        1  20  Election  Dist 

District  shall  embrace  all  that  portion  of  Little  Creek  Hundred 
heretofore  known  as  the  East  Election  District  of  Little  Creek 
Hundred,  and  all  persons  entitled  to  vote  in  said  Second  Elec- 
tion District  shall  vote  at  the  place  heretofore  designated  bv 
law  for  holding  elections  in  said  East  Election  District  of  Little  Z^°  'V'°'^- '" 

/-,  1     TT  11  Place  of  voting 

Creek  Hundred. 

The  First  Election  District     of    the  Sixth  Representative  ^^^  Rep.District 
District  shall  embrace  all  that  portion    of    Dagsboro  Hundred  ist  Election  pist 
lying  north  of  the  public  road  beginning  at  Millsboro  Mills,  and 
running  with  said  public  road  or  Main  street  of  Millsboro  in  a 
westerly  direction  through  the  town  of  Millsboro,  thence  by 
and  with  the  said  public  road  to  Phillips'  Hill,  and  thence  with  Boundaries 
the  said  public  road  by  way     of     Carey's  Methodist  Episcopal 
'Church  to  the  line  of  Gumboro  Hundred,  and  all  persons  enti-  who  to  vote  in 
tied  to  vote  in  said  First  Election  District  shall  vote    at    the  pi^ce  of  voting 
place  called  "Poll  Dam,"  at  such  place  as  shall  be  procured  by 
the  Inspector  or  other  ofificer  holding  the  election  in  said  First 
Election  District  of  the  Sixth  Representative  District. 

The  Second  Election  District  of  the  Sixth  Representative  ^d  Election  Dist 
District  shall  embrace  all  that  portion  of  Dagsboro  Hundred 
lying  south  of  the  public  road  beginning  at  Millsboro  Mills,  and  Boundaries 
running  with  the  said  puWic  road  or  main  street  of  Millsboro 
in  a  westerly  direction  through  the  town  Of  Millsboro,  thence 
by  and  with  the  said  public  road  to  Phillips'  Hill,  and  thence 
with  the  said  public  road  by  way  of  Carey's  Methodist  Episcopal  ^^^^^  ^.^^j^j^ 
Church  to  the  line  of  Gumboro  Hundred,  and  all  persons  enti-  pj^gg^f^ojin 
tied  to  vote  in  said  Second  Election  District  shall  vote  at  the 

♦Amended.    See  Chapter  lo,  Vdlume  XXII. 
+Amended.    See  Chapter  lo,  Volume  XXII. 


48 


town  of  Dagsboro  at  such  place  as  shall  be  procured  by  the  In- 
spector or  other  officer  holding  the  election  in  said  Second 
Election  District  of  the  Sixth  Representative  District, 


3d  Election  Dist  The  Third  Election  District    of    the  Sixth  Representative 

District  shall  embrace  all  of  Gumboro  Hundred,  and  all  per- 
sons entitled  to  vote  in  said  Third  Election  District  shall  vote 
at  the  place  heretofore  designated  by  law  for  holding  elections 
in  said  Gumboro  Hundred. 


Who  to  vote  in 
Place  of  voting 


Boundaries 


7th  Rep.  District  The  First  Election  District  of  the  Seventh  Representative' 

ist  Election  Dist  District  shall  embrace  all  that  portion  of  Baltimore  Hundred 
lying  north  of  the  public  road  beginning  at  the  Baltimore  mill 
dam  and  running  down  the  public  road  by  Peter  R.  Hickman,  by 
way  of  the  Trap  school-house  to  H.  H.  Hickman's  store,  thence 
down  said  county  road  to  acounty  road  opposite  the  farm  of 
George  L.  Barnett,  thence  running  along  said  road  to  a  bridge 
across  William's  Creek,  known  as  Derrickson's  old  mill,  being 
the  North  Election  District  of  Baltimore  Hundred  as  formed 
by  the  Act  of  the  General  Assembly,  passed  April  22d,  1897,  and 
Who  to  vote  in  all  persous  entitled  to  vote  in  said  First  Election  District  shall 
vote  at  the  school  house  of  school  district  No.  181,  in  the  town 
of  Millville,  in  said  First  Election  District  of  the  Seventh  Rep- 
resentative District. 


Place  of  voting 


Boundaries 


2d  Election  Dist  The  Sccond  Election  District  of  the  Seventh  Representative 

District  shall  embrace  all  that  portion  of  Baltimore  Hundred 
lying  south  of  the  public  road  beginning  at  the  Baltimore  Mill 
Dam  and  running  down  the  public  road  by  Peter  R.  Hickman, 
by  way  of  the  Trap  School  House  to  H.  H.  Hickman's  Store, 
thence  down  said  county  road  to  a  county  road  opposite  the 
farm  of  George  L.  Arnett,  thence  running  along  said  road  to  a 
bridge  across  William's  Creek,  known  as  Derrickson's  Old  Mill,^ 
being  the  South  Election  District  of  Baltimore  Hundred,  as^ 
formed  by  the  Act  of  the  General  Assembly  passed  April  22,. 
1897,  and  all  persons  entitled  to  vote  in  said  Second  Election 
District,  shall  vote  at  Selbyville  at  such  place  as  shall  be  pro- 
cured by  the  Inspector  or  other  officer  holding  the  election  in 
said  Second  Election  District  of  the  Seventh  Representative 
District. 

8th  Rep.  District  ^hc  Elcction  District  of  the  Eighth  Representative  District 

Election  District  shall  cmbracc  all  of  Indian  River  Hundred  and  all  persons  en- 
titled to  vote  in  said  Election  District  shall  vote  at  the  place 
Who  to  vote  in    heretofore  designated  by  law  for  holding  elections  in  said  Indian 
Place  of  voting    Riyer  Hundred. 

9th  Rep.  District  ^hc  Elcction  District  of  the  Ninth  Representative  District 

Election  District  shall  cmbracc  all  of  Georgetown  Hundred,  and  all  persons  en- 


Who  to  vote  in 
Place  of  voting 


49 

titled  to  vote  in  said  Election  District  shall  vote  at  the  place  who  to  vote  in- 
heretofore  designated  by  law  for  holding  elections  in  said  pbce  of  voting 
Georgfetown  Hundred. 


St 


The  First  Election  District    of    the  Tenth  Representative  lothRep.  Dis 
District  shall  embrace  all  of  Broadkiln  Hundred,  and  all  per-  ist  Election  Disc 
sons  entitled  to  vote  in  said  Election  District  shall  vote  at  the 
place  heretofore  designated  by  law  for  holding  elections  in  said  pi  ace  of  "voting 
Broadkiln  Hundred. 

*The  Second  Election  District  of  the  Tenth  Representative  ,oth  Rep.  Dist 
District  shall  embrace  all  of  Lewes  and  Rehoboth  Hundred  and  2d  Election  Disti 
all  persons  entitled  to  vote  in  said  Election  District  shall  vote  ,„^         .  . 

1  1  1  r  !•  111  riii-  1-  Who  to  vote  in 

at  the  place  heretofore  designated  by  law  for  holding  elections  p^ce  of  voting 
in  said  Lewes  and  Rehoboth  Hundred. 

Section  2.     If  at  any  time  it  shall  be  impracticable  to  hold  change  ofvoting- 
the  election  in  any  election  district  at  the  place  appointed  by  p'""^^ 
law,  the  Inspector  of  such  election  district  or  other  officer  au- 
thorized by  law  to  hold  the  election  therein  shall  have  power  to 
appoint  some  other  place  in  said  election  district  as  near  as  can 
be  conveniently  obtained  to  the  place  herein  directed,  and  he 
shall  give  public  notice  of  the  place  so  appointed  by  advertise-  Notice. 
ments  posted  in  at  least  five  of  the  most  public  places  of  the 
election  district,  if  circumstances  will  admit  of  such  notice  being 
given,  but  if  not  then  he  shall  give  such  public  and  general  no- 
tice as  the  circumstances  will  permit. 

Section  3.     The  Sheriff  of  each  county/ shall,  after  the  23rd  sheriff  to  deliver 
and  before  the  27th  day  of  October,  in  the  year  of  holding  the  of"ffi(.e°s^taiP''' 
general  election,  deliver  to  the  Inspector  of  each  election  dis- lists,  etc' 
trict     or     other  officer  authorized  by  law  to  hold  the  election 
therein,  two  suitable  ballot  boxes,  with  a  piece  of  tape  and  seal- 
ing wax,  together  with  a  list  of  all  the  officers  to  be  chosen  at 
the  then  next  general  election,  written  or  printed  forms  of  tally 
lists,  of  certificates  of  election  in  said  election  district,  of  the 
oath  or  affirmation  of  the  inspector  or  other  person  authorized 
by  law  to  hold  the  election  therein,  and  the  persons  to  be  taken 
as  Judges  of  the  Election  and  also  of  the  Clerks  who  shall  be 
chosen  to  act  at  such  election,  and  of  the  certificate  of  adminis- 
tering such  oaths  or  affirmation  with  printed  or  written  direc- 
tions as  to  correcting,   completing  and   signing  such   oath   or 
affirmation,  and  certificate  of  administering  the  same  and  shall 
also  deliver  to  each  Inspector  or  other  officer  authorized  by  oaths. 
law  to  hold  the  election  as  aforesaid,  a  book  of  blank  forms  of 
oaths  (or  affirmations)  provided  for  in  Section  19  of  this  Act. 

Section  4.     The  ballot  boxes  shall  each  be  of  sufficient  size  Baiiot  boxes, 
to  contain  all  the  ballots  of  the  election  district,  with  one  of  the  ^'^*'  ^'<=- 

♦Amended.    See  Chapter  12,  Volume  XXII. 


50 


ience  one  ba  lot  and  it  1'  ,f.?'  """i^  :i°  ^-^"^^^  ^^^h  conven- 
for  securing  the  ifd  the  Hd  of  fh.  .?''^1^  ^^?  ^  ^^^^^  ^"d  key 
hole,  and  it^shall  be  so  constructed  a  \n  K  ^"^  '^^\^'  ^^^^out  ^ 
sealing  wax.  constructed  as  to  be  secured  with  tape  or 

Tally  lists.  Section  S-     There  shall  hp  u^rr^  ^f  +i 

of  which  shall  consislof  a  maL  n  .  \u'^^  T'f  ^^"^^  ^''^'  each 
the  persons  voted  for  and  saufe^f"'^'  I'V""'  ^^'  "^"^es  of 
drawn  from  left  to  ri^ht  and  fr^^  .r!  k'"^"^  ^^  P^^^"el  lines, 
^^heet,  each  square  fo  be  sufficfenT  I  ^^^^m  to  the  top  of  the 
of  five  distinct  dots  of  a  nei^in  e.  ,°  '°"'^"'  ,^^'  ^^^^^"^t  rows 
sufficient  number  of  squar^es  in  e..,  '""^'/"^  ^'^^^^  ^^^"  be  a 
right  to  contain  more^dots  than  ^  v'n7^  °^  '^""'^^  ^'"^'^  ^^^^  ^^ 
receive  votes  in  the  election  district  ^''^^^  ^^^^  P^^^^^ly 

£for^°^       ,      Section  6.     There  shall  be  two  of  the  s.iH  ..  r^     .         . 
election  which  may  be  according  t^'thf  folfo^i^g  f^rlf  vt!  °' 

District'of  V. County  and Election 

At  the  general  election"heidi;\V   ^.^f^f  ^ntative  District,  ss: 

Tuesday  next  after  tL  first  Mo.I  '^'''"'''  °"  '^' 

teen  hundred  and  °"'^^-'^  .T  November,  A.  D.,  eigh- 

the  votes  stand  as  follows  • 

FOR   THI.   OFFICII   OF   BLFCTORS   OF   PKKSIDFNT    AND    VICF- 

PRESIDENT. 


Form  of. 


Received    . 

Received    .    '^°^^' 

votes 


FOR   THE    OFFICE   OF   GOVERNOR. 


Received    .  . 

Received    .      """l^^ 

votes 


FOR   THE   OFFICE   OF   UEUTENANT   GOVERNOR. 


Received    ...  , 

Received    ..      "^^^^^ 

votes 


FOR  THE   OFFICE   OF   REPRESENTATIVE   IN    CONGRESS. 


Received    .  . 

Received ■••'^°^' 


FOR  THE  OFFICE  OF  ATTORNEY  GENERAI.. 


votes 


Received    .  . 

Received '^°!^' 


. votes 


51 


FOR  THE   OFFICE   OF   INSURANCE   COMMISSIONER. 


Received    votes 

Received   votes 


FOR   THE    OFFICE   OF   STATE   TREASURER. 

Received    votes 

Received   votes 


FOR   THE   OFFICE   OF   AUDITOR   OF   ACCOUNTS. 

Received    votes 

Received    votes 


FOR   THE   OFFICE   OF   SENATOR   IN   THE   GENERAL   ASSEMBLY. 

Received    votes 

Received    votes 


' 


FOR   THE   OFFICE   OF   SENATOR   IN   THE   GENERAL  ASSEMBLY    IN 

LIEU  OF. 

Received    votes 

Received   votes 


FOR   THE   OFFICE  OF   REPRESENTATIVES  IN  GENERAL  ASSEMBLY. 

Received    votes 

Received    votes 


FOR   THE   OFFICE   OF   PROTHONOTARY. 


Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  CLERK  OF  THE  PEACE. 

Received    votes 

Received   votes 


FOR   THE   OFFICE   OF   REGISTER   OF   WILLS. 

Received    votes 

Received   votes 


FOR  THE  OFFICE  OF  RECORDER. 


Received    votes 

Received    votes 


FOR   THE   OFFICE   OF   REGISTER   IN   CHANCERY. 

Received   votes 

Received   votes 


52 
FOR   THE   OFFICE   OF   CLERK    OF   THE   ORPHANS'    COURT. 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  LEVY  COURT  COMMISSIONERS. 

. Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  COUNTY  TREASURER. 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  RECEIVER  OF  TAXES  AND  COUNTY  TREASURER 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  COUNTY  COMPTROLLER. 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  SHERIFF. 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  CORONER. 

Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  ASSESSOR. 


Received    votes 

Received    votes 


FOR  THE  OFFICE  OF  INSPECTOR. 


Received    votes 

Received    votes 


FOR  THE   OFFICE  OF  ROAD  COMMISSIONER. 


Received    votes 

Received    votes 


And  we  further  certify  that  the  Clerks  appointed  by  us  were 
duly  sworn  or  affirmed  according  to  law,  and  that  we  were  duly 
sworn  or  affirmed. 


53 

In  Testimony  Whereof,  we  the  Judges  of  said  Election  for 
said  election  district  have  hereunto  set  our  hands  the  day  and 
year  aforesaid. 

In  the  said  written  or  printed  forms  of  certificates  before  p.„.    ,,   ,   . 

T  1  1        r<i         •  f/-  1-  11        Filling  blanks  m 

the  same  shall  be  delivered  by  the  bheriff  as  above  directed,  the  certificates, 
name  of  the  County  and  Election  District  and  of  Representative 
District  and  the  date  of  the  year  shall  be  inserted  in  the  blanks 
for  said  purposes  in  the  foregoing  form ;  and  the  offices  to  be 
filled  at  the  election  shall  be  inserted  with  blanks  under  each 
to  contain  the  names  of  the  persons  who  may  be  voted  for,  with 
the  number  of  votes ;  and  the  offices  not  to  be  filled  at  the  elec- 
tion, shall  be  omitted. 

Section  7.     The  form  of  the  oath  or  affirmation  to  be  ad-  Oath  of  officers, 
ministered  to  the  inspector  or  other  officer  authorized  by  law 
to  hold  the  election  and  Judges  shall  be  as  follows^  viz, 

1^  I, . ,  do  solemnly  swear  (or  affirm)  ^^^j^^ 

that  in  the  election  to  be  this  day  held,  I  will  not  knowingly  or 
wilfully,  receive  or  consent  to  fhe  receiving  of  the  vote  of  any 
person  whom  I  shall  believe  not  entitled  to  vote,  unless  my  as- 
sociates shall  adjudge  such  persons  to  be  entitled  to  vote,  that  I 
will  not  receive  or  reject  nor  concur  in  receiving  or  rejecting  any 
vote  through  partiality  or  undue  bias  and  that  I  will  determine 
every  matter  that  shall  come  before  me,  and  perform  every  act 
and  duty  by  law  required  of  me  touching  the  said  election,  truly, 
faithfully  and  impartially  according,  to  the  best  of  my  skill  and 
judgment  and  ability;  that  I  will  cause  the  ballots,  that  shall  be 
taken  at  this  election  to  be  fairly  read  and  ascertained  and  a 
true  statement  thereof  to  be  made  according  to  the  best  of  my 
knowledge  and  ability  and  that  if  I  shall  discover  any  partiality, 
unfairness  or  corruption  in  the  conducting  of  the  said  election, 

1  will  disclose  the  same  to  the  Attorney  General  to  the  end  that 
the  subject  may  be  investigated  so  help  me  God  (or  so  I  sol- 
emnly affirm).     There  shall  be  three  distinct  forms  of  the  fore-  Three  forms  of 
going  oaths  or  affirmation  written  or  printed   on   one   sheet ;  °^^^^- 
which  forms  shall  be  numbered  and  distinguished  as  N0..1,  No. 

2  and  No.  3.     On  the  same  sheet  after  the  last  of  said  forms  certificate  of 
•shall  be  written  or  printed  a  form  for  the  certificate  of  the  qual-  ^f  o^ce^rs"" 
ification  of  the  Inspector  or  other  officer  authorized  by  law  to 
"hold  the  election  and  Judges  as  follows ;  to  wit : 

County  and  Election 

District Representative  District,  ss.     We, 

•subscribers.  Inspector  (or  other  officers  authorized  by  law  to 
"hold  the  election)  and  judges  for  said  election  district  of  the 
general  election,  therein  held  on  the  Tuesday  next  after  the  first 
Monday  of  November  in  the  year  of  our  Lord  one  thousand 
•eight  hundred  and certify  that  on  said  day,  before 


Form, 


54 


^?i"'"^  '«"  ^*''?  '''"''°"  '"  ^^'t"  «'«"on  district,  the  foreeoinsr 
.nf  to'law  ™'"°"  "'^  ''"'^  administered  to  each  of  us?ac?ord? 


ing  to  law." 


Filling  in  Hanks  The  blanks  in  which  said  certificate  shall  be  filled  bv  th<- 

Sheriff  or  by  his  order,  before  delivering  the  same  to  the  In 
spector  or  other  officer  authorized  by  laf  to  ho1"?he  election: 

&o\icJ°of  law  toTioMth;  elIction"T.?^  T  P^^^V^ffi^^^  authorized  by 
time  and  place  'f  ""^  "o^^  tnc  elcctiou  of  each  election  district  shall  within  tw^ 
of  election.         ^ays  after  recciving  from  the  Sheriff    a    Hst    of    officers  to  be 

phc'e"of'hSdif."r\f  ^^^°"'  ^'^^  P"^^-  notice  of te'dme^and 

d  stHc?  a  d  of  fhe  nffi^'"  ^''l  §^^"^^^^eI^ction  in  his  election 

Advenisen^ents.  Xrt  senipntl  io  .^         .^?  ^^  1°^^^  ^^^  ^^  such  election,  by 

;:.  hfelSi^nXrict  "  ''  ^^^^^  '''  ''  ''''  "^^^^  P"^^-  p^-- 

hold  election,      fo  hr,1rl  th^  ^i^^f        ^  ,       omcr  otticcr  authoHzcd  by    aw 

to  hold  the  election  of  any  election  district,  or  if  he  shall  be  ah 
sent  from  the  place  of  election  at  half  past  eight  o'dock  of  the 
forenoon  of  the  day  of  the  election  the  Registrar  of  the  said 
election  district  who  shall  be  present  with  his  Register  an  Book 
of  Registered  Voters  for  said  district  or  in  the  event  of  the  Re^ 
IS  rar  s  absence  the  Alternate  Registrar  of  sairelect^oi  distrlt 
who  may  be  present  with  a  Register  and  a  BooFof  Ree^is^^r^^^^^ 
Vo  ers  of  said  election  district  shall  serve  as  the  Inspector  for 

::1u^^5:;s^pec^of "  ^-^  P^^^°^-  ^"  ^^^  ^"^^-  re,ui?e^d"ont^. 

terd'°.e'f  h,^  ^o%'old\hl' eJrZ^'''^^^^  °^^^^  authorized  by 

siding  office'r.     ^^^^  ^o  hold  the  clcction  in  any  election  district  shall  be  a  Tudee 
of  the  general  election  held  therein  and  the  presiding  officer 
Judges.  There  shall  also  be  two  other  iudg-es  of  the  <,^\r]  ^w!;^  omcer 

Ho.  cHo..n.      Whom  shall  be  chosen  by  the  Col"  °Co  ,1^^^^^^ 

pub/fca'nTartv'  t  °'^^^  '"^  ^^",  ^°""^^  Commfttee  of^^e'R^I 
puDiican  party  In  making  said  appointments,  the  resoective 
County  Committees  shall  name  and  certifv  two  personsTespec- 

as'l'lte"nat1  tZ  '''1  ^'f  ''''T^''  ^'^  Judgfand  the  oTher 
the  insnector  Irnfl  ^'"'^f^^'"^  certification  shall  be  presented  to 
me  inspector  or  other  officer  authorized  by  law  to  hold  the  elec- 
tion in  the  respective  election  districts  on  the  morn  n  J  of  the 
general  election  and  one  hour  before  the  opening  of  the  pos 
whenAher„.ue  Should  Cither  Or  both  of  thosc  designated  to  Kp  tl?I  ;l^u 
J-se  .0  act.      absent,  the  person  named  for  AlterS'jf^e  shall  be  iudle    i'f 

^"  -V--      LTpa'l^ersruM  be'T  ^^^"^^  "^"^^^  ^"^  either  or'bith'^^Iit^' 

Xtol  ;"«"   ^it  maveectsrl   ?,<?"'  •  T^""''^  °^'*^^^  ^^^^^"^  then  pres- 

time  mlv  h.  V.        ^1^^^  °'  ''"''^"^  "^  «"^h  a  manner  as  at  the 

time  may  be  deemed  most  expedient  for  ascertaining  the  sense 


55 

of  the  majority ;  the  person  or  persons  so  chosen  shall  be  of  political 
the  same  political  party  as  those  persons  in  whose  place  they  compiexiom 
are  respectively  chosen. 

Section  ii.     If  any  person  chosen  to  be  a  Judge  of  an  elec-  Refusal  to  serv* 
tion  in  any  election  district,  shall  refuse  to  serve  he  shall  forfeit 
and  pay  to  the  State  a  line  of  fifty  dollars  upon  conviction  there- 
of by  indictment  in  the  Court  of  General  Session  in  the  county  ^^"^"^ 
where  such  ofifense  is  committed. 

Section  12.  Before  opening  the  election  the  inspector  or  q^^j^  ^^j.,  ^ 
other  officer  authorized  by  law  to  hold  the  election,  and  judges, 
shall  each  take  an  oath  or  affirmation  according  to  the  form 
prescribed  in  Section  7.  Such  oath  to  be  administered  to  the 
Judges  by  the  Inspector  or  other  officer  authorized  by  law  to 
hold  the  election  and  by  one  of  them  to  him  and  they  shall  each 
after  taking  such  oath  or  affirmation  sign  one  of  the  written  or  signing  oaths 
printed  forms  thereof  delivered  to  the  Inspector  or  other  officer 
authorized  by  law  to  hold  the  election,  by  the  Sheriff  of  the 
county  as  provided  in  Section  7,  that  is  to  say  :  The  form  dis- 
tinguished as  No.  I  shall  be  signed  by  the  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election,  his  name  being 
first  inserted  in  the  blank ;  the  form  No.  2  shall  be  signed  by  one 
of  the  Judges,  his  name  being  first  inserted  in  the  blank,  and  the 
form  No.  3  shall  be  signed  by  the  other  Judge,  his  name  being 
first  inserted  in  the  blank,  before  signing  the  said  forms,  it  shall 
be  ascertained  whether  the  Inspector  or  other  officer  authorized 
by  law  to  hold  the  election,  or  either  of  the  Judges  conscien- 
tiously refuse  to  take  an  oath,  and  in  case  of  such  conscientious 
refusal  the  form  for  the  person  so  refusing  shall  be  made  correct 
by  effacing  the  words  "swear  or"  in  the  beginning,  and  "so  help 
me  God"  in  the  end  of  the  form,  but  as  to  the  person  who  shall 
not  conscientiously  refuse  to  take  an  oath,  the  form  shall  be 
made  correct  by  effacing  the  words  "or  affirm"  in  the  begin-  Affirmation 
ning,  and  the  words  "or  so  I  solemnly  affirm"  at  the  end  of  the 
form.  The  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election  and  Judges  shall  also  sign  the  certificate  of  their  signing  of  oath 
qualification  as  written  or  printed  upon  the  sheet  containing  the  ^y  inspector 
aforesaid  forms. 

Section  13.     Each  of  the  said  Judges  after  being  duly  qual-  choosing  clerks 
ified  shall  choose  one  clerk  of  the  election,  to  whom  the  Inspec- 
tor or  other  officer  authorized  by  law  to  hold  the  election,  or 
one  of  the  Judges  shall  administer  an  oath  or  affirmation  as_fol-  Oath 
lows : 

You  do  solemnly  swear  (or  affirm)  that  as  clerk  of  this  elec-  Formofoath< 
tion  you  will  not  use  or  assent  to  any  falsehood,  fraud  or  deceit, 
and  that  you  will  keep  the  polls  and'  perform  your  duties  truly, 
faithfully  and  impartially,  so  help  you  God  (or  so  you  solemnly 


56 


affirm.)  If  in  reading  the  votes  and  keeping  the  tally  lists,  it 
shall  become  necessary  to  appoint  one  or  more  additional  clerks 
the  Inspector  or  other  officer  authorized  by  law  to  hold  the  elec- 
tion, and  Judges  may  do  so,  administering  to  each  clerk  so  ap- 
pointed the  foregoing  oath  or  affirmation,  no  other  certificate 
need  be  made  of  the  oath  or  affirmation  administered  to  the 
clerks  than  that  contained  in  the  form  of  the  certificate  of  elec- 
tion prescribed  in  the  sixth  section. 

Section  14.     Before  opening  the  election  the  Inspector  or 
other  officer  authorized  by  law  to  hold  the  election  and  Judges 
shall  also  examine  the  ballot  box  provided  with  a  lock  and  key, 
and  see  that  the  same  contains  nothing.     The  box  shall  then  be 
locked  and  the  key  delivered  to  one  of  the  Judges,  who  shall 
i^ockin  ke    to  '^^^P  ^^^^  same,  and  the  box  shall  be  kept  by  the  Inspector 'or 
whom  delivered,  otlicr  officcr  authorizcd  by  law  to  hold  the  election  or  the  other 
.^y  whom  kept,    j^jgg^  gQ  ^\^^i  ^-jig  persou  having  the  key  shall  not  have  posses- 
sion of  the  box  till  the  same  shall  be  opened  as  hereinafter  di- 
rected. 


Additional 
clerks. 


Oath. 


Examination  of 
ballot  boxes. 


Election  officers 
to  be  in  same 
.room  alone. 


'Others  not 
admitted . 

Others  entering. 


Misdemeanor. 
Penalty. 


Who  to  be  in 
election  room. 


Others  entering, 


rlnterference, 
molestation, 
■disturbance  or 
..delay. 


Section  15.  The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  and  Judges  of  the  election  and  tKe 
Clerk  shall  during  the  time  of-  the  election  being  open  be  and 
continue  in  a  room  or  place  by  themselves,  separate  from  the 
other  electors,  and  no  persons  other  than  such  Inspector  or 
other  officer  authorized  by  law  to  hold  the  election.  Judges  and 
Clerk  during  the  time  of  the  election  being  opened  shall  be  ad- 
mitted within  such  room  or  place  without  the  unanimous  con- 
sent of  the  Inspector  or  other  officer  authorized  by  law  to  hold 
the  election  and  the  Judges,  and  if  any  person  shall  enter  such 
room  or  place  without  such  consent  such  person  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  hundred  nor  more  than  one  thousand 
dollars,  or  be  imprisoned  for  a  term  not  less  than  one  nor  more 
than  two  years,  or  both,  at  the  discretion  of  the  Court. 

Section  16.  The  Inspector  or  other  officer  authorized  by 
law  to  hold  the  election,  the  Judges  chosen  as  provided  in  Sec- 
tion 10  of  this  Act  and  the  Clerk  chosen  as  provided  in  Section 
13  of  this  Act,  shall  be  the  only  persons  who  may  lawfully  en- 
ter the  voting  room  or  place  where  the  election  is  held,  except 
as  hereinbefore  provided ;  and  if  any  person  or  persons  shall 
enter  the  voting  room  or  place  where  the  election  is  held  before 
the  hour  of  opening  the  polls  on  the  day  of  election  or  at  the 
time  of  opening  the  election,  or  at  any  time  during  the  day  of 
the  election  and  before  the  hour  of  closing  the  election  or  at- 
tempt to  enter  the  same  for  the  purpose  of  interfering  with  the 
election  officers  in  the  discharge  of  their  duties  as  such  or  for 
any  purpose,  or  shall  attempt  to  molest,  disturb  or  prevent  the 


57 

•election  officers  from  proceeding  regularly  with  any  general  or 
special  election,  or  shall  take  charge  or  attempt  to  take  charge 
<of  any  voting  room  or  place  where  the  election  is  held  within  the 
time  herein  mentioned  for  the  purpose  of  preventing  or  delaying 
an  election,  or  for  any  other  purpose  on  election  day  such  per- 
son or  persons  shall  be  deemed  guilty  of  a  misdemeanor,  and  Penalty, 
upon  conviction  thereof  shall  be  fined  not  less  than  live  hundred 
nor  more  than  one  thousand  dollars,  and  shall  be  imprisoned 
for  a  term  not  exceeding  three  years,  provided  that  a  single  Representative 
representative  of  each  political  party,  having  nominated  a  ticket,  bl  present  a7  *° 
and  such  party  being  represented  on  the  ballot  then  printed  for  opening- 
any  general  or  special  election,  may  at  the  opening  of  the  elec- 
tion be  present  to  aid  in  the  proper  qualification  of  the  several 
•election  officers,  but  as  soon  as  the  election  officers  shall  be 
•qualified  or  ready  to  open  the  election,  or  the  proper  hour  there- 
for having  arrived  such  representatives  of  each  political  party 

J       shall  immediately  retire  from  the  voting  room     or     the  place  To  retire  when. 

'      where  the  election  is  held. 

Section  17.     The  general  election  shall  be  opened  in  every  Hour  of  opening 
election  district  of  the  State  on  the  Tuesday  next  after  the  first  election. 
IMonday  in  the  month  of  November  in  the  year  in  which  the 
■same  is  held,  between  the  hours  of  *eight  and  nine  o'clock  in  the 
morning,  by  the  Inspector,  or  other  officer  authorized  by  law  to  By  whom. 
"hold  the  election,  making  proclamation  that  the  same  is  open. 

Section   18.     Each  qualified  elector  shall  deliver  a   single  voting. 
"ballot  which  shall  conform  to  the  requirements  of  the  law' of  this 
State  as  to  ballots  for  any  general  or  special  election,  contain- 
ing the  names  of  persons  voted  for  to  the  Inspector  or  other 
officer  authorized  by  law  to  hold  the  election,  wlio  shall  audibly 
pronounce  the  name  of  the  elector,  which  shall  be  entered  in  Entry  of 
words  at  length  upon  a  list  of  polls  to  be  kept  by  each  of  the  ^^^^^>  «'<=■ 
clerks  whom  the  judges  shall  direct  to  that  duty,  and  one  of  the 
judges  shall  write  against  it,  on  the  alphabetical  list  as  contained 
in  the  "Book  of  Registered  Voters"  delivered  by  the  Registrar 
to  the  Inspector  or  other  officer  authorized  by  law  to  hold  the 
-election,  the  word  'Voted."     There  shall  be  no  examination  of  Ballots  not  to  be 
a  ballot  except  to  determine  that  it  is  single ;  and  the  Inspector  examined, 
or  other  officer  authorized  by  law  to  hold  the  election  shall,  im- 
mediately after  pronouncing  the  elector's  name  put  the  ballot  Depositing 
into  the  box  in  his  presence,  unless  the  vote  shall  be  objected  to.  ^'^"°'- 

Section  19.     The  Inspector  or  other  officer  authorized  by  „,,  ..  „  .     » 

.,  .       1       1  1      1  1         •  111  1  -  •  •  1        What  ballots  not 

law  to  hold  the  election,  shall  not  at  any  election  receive  or  de-  to  be  received, 
posit  in  the  ballot  box  the  ballot  of  any  person  offering  to  vote 
tmtil  his  name  shall  have  been  found  in  the  list  of  registered 
voters  as  contained  in  the  Book  of  Registered  Voters  delivered 

*Amende<i.     See  Chapter  57,  Volume  XXIII. 


Reasons  for 
objection  to 
votes. 


Determination 
of  objection. 


Bribery. 


Oath. 


58 

|^]:^?^;^of^^Kir^:^^^^5£;"i^the  Judges,  or  . 

to  vote  IS  the  person  named  In  said  Ikt    K  f^^'T"  '°  °^^^i"§: 
vote  of  any  person  whose  name    ha     h.       k°  ^^J^^^ion  to  thi 
l^st  as  contained  in  said  BoSkTf  ReiL^"^!,  rf '"  ^°""^^  °"  ^^id 
tered  or  considered  by  thVjud  °es  o1?h?Jf\^°''^^  ^^^"  be  en- 
following  reasons,  to' wit :        ""  ^  elections  except  for  the 

said  Book  of  Regfs'te^ed"  VotSs!'"'^"  ^^^'^  """^^  ^PP^^^^  ^^ 
he  wfr'egtter^d!'  ''  '''  '^^""^^  disquahfied  as  a  voter  since 

to  the  opinion  of  a  majoriro^re'^ldg^L^td""^'  ^^^°^^^"^ 

to  releive  •or'ltept:  or^air'av^'t'"  'T''  °^  ^^^P^  -  offer 
or  promise  to  pav!  ransfer  0?  r  IV  ^^"'^''  7  ^^^^^^'■'  ^'  offer 
offer  or  promise  -ti  con  ibu?e  to  '^'';.'''  '^'^"  contribute,  or 
any  money  or  other  va  able  thin^as  .  '  '°  ^'  ^'''^  ^^^  "^^^ 
ment  or  reward  for  the  re-isteri  cf  r  '  k  '^"'P^"^^^^^"'  i"duce- 
'n^  of  any  one  qualified  ?S  reg7  tfr  or  for' \T"^  ^^'°^^  ^^^*^^^^- 
holdmg  or  in  any  manner  infliSncin:.  tL  '  ^'"^'"^  ^^  ^^^^h- 

a  vote  at  any  general  election  in  .1^^    e!  ^'''"'§'  °^  withholding 
election  unless%uch  perS     L  "o-^t  ?^'"'  ''^^"  ^^^e  at  such 
causes,  shall  take  and^subs  nbe  to  the  f'T'  ^""^  "">'  ^'  ^^^^ 
mation  which  shall  be  admin  stereHh    [f''™^  oath  or  afifir- 
officer  authorized  by  law  to  h"  Id  [he  election  :"P^^^"''  "^  °^^- 

I  have  noV;ecei;ed"o;  accented' or  off  ^  aT'  ^°'  ^^™^)  ^hat 
paid,  or  transferred  or  dehvererl'       ^"^,  ^°  "^"^^^  ^^  accept, 
transfer  or  deliver,or  cont  Z^e.i  n    °ff''''  ^'  P^^"^^^^^  to  pay 
tribute  to  anotherfo  be  pa  d  or  userlf ''''^  °'  P^°"^^^^^^'  '^  ">" 
ble.  thing  as  compensatio^n    ndLem  nt"orT"'-"  ?\  ""'''''  ^'''^^- 
tenng  or  abstaining  from  re^steHn^  of       "^^'^  ^°'  ^'^^  ^^^^S" 

register,  or  for  the  living  or  vfthhni/  """^  °"^  qualified  to> 

^  vmg  or  withholdmg  a  vote  at  this  election. 

cj  Signed    

of  n!  rrbe^i^g^^"."' :°  ,^^'°- "-  'his . . . . : :  .■ : : : : : : ;,,; 


SS,^\&S;^,^^,f;;l;oath_ or  affirmation  shall  be 


Inspector, 
conclusiveevidence  to  the 


cieciion  otlicers  of  the  trnth  of        u   "'^'^'"^ive  evidence  to  the 

and  no  conviction  thereof 


th 


r   1  «^"''JJJciiion,  out  It 

same  shall  be  guilty"  orp;;;-;ry.ni'!l'i'„P''50"  "}^king 


59 

shall  bar  any  prosecution  under  Section  8  of  Article  V  of  the 
Constitution  of  this  State.     In  order  to  enable  the  election  offi- 
cers to  carry  into  effect  the  provisions  of  this  Section,  the  Sheriff 
of  each  county  shall  cause  to  be  prepared  a  book  containing  not 
less  than  five  hundred  blank  forms  of  the  oath  or  affirmation  ^"""^  °^  °^'^^ 
provided  for  in  this  Section,  and  shall  cause  one  of  said  books 
to  be  delivered  to  the  Inspector  or  other  officer  authorized  by  Delivery  of. 
law  to  hold  the  election  in  each  of  the  election  districts  of  his 
county  at  the  time  provided  in  Section  3  of  this  Act.     Such  oath  oathtobe 
or  affirmation  when  signed  and  attested     as     herein  provided,  evidence, 
shall  be  competent  evidence  in  any  proceeding  against  the  party 
making  the  same. 

Section  20.     The  election  shall  be  continued  open  until  six  Qosing  election, 
o'clock  in  the  afternoon  when  it  shall  be  closed.     The  Inspector 
or  other  officer  authorized  by  law  to  hold  the  election,  shall  one- 
half  hour  before  closing  the  election  make  proclamation  that  the 
same  will  be  closed  in  that  time. 

Section  21.  When  the  election  shall  be  closed  the  Inspec-  counting  of 
tor  or  other  officer  authorized  by  law  to  hold  the  election,  and  ^°'^^- 
Judges,  shall  openly  and  publicly  unlock  the  box  containing  the 
ballots,  and  shall  remove  the  lid  so  far  as  that  the  ballots  can  be 
taken  separately  from  the  box,  one  of  the  judges  shall  keep  in 
his  custody  the  said  box,  while  another  shall  publicly,  in  the 
presence  of  the  other  Judges  and  such  of  the  electors  as  shall 
think  proper  to  be  present  take  the  ballots  one  by  one  from  the 
box  and  read  the  same.  When  a  ballot  shall  be  read,  it  shall 
be  put  into  the  other  box  delivered  by  the  Sheriff  to  the  Inspec- 
tor or  other  officer  authorized  by  law  to  hold  the  election,  as 
provided  in  the  third  section,  it  being  first  seen  that  the  said  box 
contains  nothing,  and  the  same  being  kept  during  the  reading 
in  the  possession  of  one  of  the'Iudges;  and  two  clerks  at  least  , 

■'         o  ^  Account  no\v" 

shall  keep  accurate  count  of  the  ballots  as  they  are  read,  which  kept, 
shall  be  done  on  such  tally  lists  as  aforesaid,  by  writing  the 
name  of  every  person  voted  for  in  the  margin  under  a  designa- 
tion of  the  office  for  which  the  vote  is  given  to  him,  and  making 
a  distinct  dot  with  a  pen  in  the  squares  in  the  row  against  such 
name  for  every  vote  such  person  shall  receive  for  the  same 
office,  and  each  square  when  full  shall  contain  five  rows  of  dots, 
each  row  consisting  of  five  dots  and  each  clerk  shall  upon  read- 
ing of  the  name  repeat  it  with  the  number  of  the  dots  in  the  row 
pronouncing  at  the  last  dot  in  the  square  "tally  full,"  and  at  the 
first  dot  of  the  succeeding  square  "one  of  a  new,"  if  the  same 
person  shall  be  voted  for  for  different  offices,  his  name  shall  be 
written  in  the  margin  for  each  office,  and  a  just  count  kept  of 
the  votes  given  to  him  for  each  office.  The  reading  and  count-  Counting  not  to 
ing  of  the  votes  shall  be  continued,  without  interruption  or  ad-  ^^  '"'"'•up'ed. 
journment  until  completed. 


6o 


Certificates,  of 
result,  signing. 


Form. 


Certificate  to  be 
placed  in 
envelopes. 

Entrj'  on 
envelopes. 


Election  officers 
to  write  their 
names  on  the 
sealing. 


Signing  of 
tally  lists. 

Deposit. 


Securing  and 
sealing  lid  of 
box 


Custody  of 
•certificates. 


Section  22.  When  the  reading  and  counting  of  the  votes 
is  completed  the  Inspector  or  other  officer  authorized  by  law  to 
hold  the  election  and  Judges  shall  forthwith  make  and  sign  three 
certificates  of  the  election  in  their  election  district  according  to 
the  form  prescribed  in  Section  6  stating  every  office  for  persons 
to  fill  which  votes  shall  have  been  given  at  said  election,  the 
name  of  every  person  to  whom  any  vote  shall  have  been  given 
for  such  office,  and  the  number,  in  words  at  length,  of  votes 
given  to  such  person  for  the  said  office.  The  said  certificates 
shall  be  put  in  separate  envelopes,  which  shall  be  furnished  by 
the  Sherifif,  and  said  envelopes  shall  be  endorsed  on  the  face 

thereof  with  the  words  "Certificate  of  the  votes  cast  in 

election  district  of Representative 

District  at  the  general  election  in ., county,  A. 

D ,"  and  on  the  back  of  each  envelope  after  the  same 

shall  have  been  sealed  the  Inspector  or  other  officer  authorized 
by  law  to  hold  the  election  and  Judges  slia.ll  respectively  write 
their  names  crosswise  the  sealing. 

The  tally  lists  shall  be  signed  by  the  Inspector  or  other  offi- 
cer authorized  by  law  to  hold  the  election.  Judges  and  Clerks, 
and  deposited  with  one  of  said  envelopes  containing  a  certificate 
in  the  box  into  which  the  ballots  shall  have  been  put  when  read 
and  the  lid  of  said  box  shall  be  secured  by  tape  crossed  and 
sealed  with  sealing  wax  by  one  of  the  Judges  not  being  the  In- 
spector or  other  officer  authorized  by  law  to  hold  the  election, 
one  of  the  said  envelopes  containing  a  certificate  and  the  ballot 
boxes  shall  be  kept  by  the  Inspector  or  other  officer  author- 
ized by  law  to  hold  the  election,  the  other  and  remaining  envel- 
ope containing  a  certificate  shall  be  kept  by  one  of  the  Judges 
not  being  of  the  same  political  party  as  the  Inspector  or  other 
officer  authorized  bv  law  to  hold  the  election. 


Delivery  of 
certificates  and 
ballot  box. 


To  whom 
•deliTcred. 


Delivery  to 
•Court. 

Duty  of  Court. 


Canvass  of 
«lection. 


Section  23.  The  presiding  election  officer  of  each  election 
district  in  the  respective  counties  of  this  State,  on  the  day  next 
after  the  general  election,  shall  deliver  one  of  the  envelopes  con- 
taining a  certificate  of  the  election,  made  and  certified  as  here- 
inbefore required,  together  with  the  ballot  box'  or  ballot  boxes 
containing  the  ballots  and  other  papers  required  by  law  to  be 
placed  therein  to  the  Prothonotary  of  the  Superior  Court  of 
the  county,  who  shall  at  twelve  o'clock  noon  on  the  second  day 
after  the  election  present  the  same  to  the  said  court,  and  the 
election  officer  having  charge  of  any  other  certificate  of  the  elec- 
tion shall  at  the  same  time  present  the  same  to  the  said  Court, 
and  the  said  Court  shall  at  the  same  time  convene  for  the  per- 
formance of  the  duties  hereby  imposed  upon  it ;  and  thereupon 
the  said  Court  with  the  aid  of  such  of  its  officers  and  such  sworn 
assistants  as  it  shall  appoint  shall  publicly  ascertain  the  state  of 
the  election  throughout  the  county  and  in  the  respective  hun- 


6i 

dreds  and  election  districts,  by  calculating^  the  aggregate 
amount  of  all  the  votes  for  each  office  that  shall  have  been  given 
in  all  the  hundreds  and  election  districts  of  the  county  for  every 
person  voted  for  for  such  office. 

For  the  purposes  of  this  Section  the  Superior  Court  shall  of  whom  court 
consist  in  New  Castle  County  of  the  Chief  Justice  and  the  Res-  to  consist, 
ident  Associate  Judge ;  in  Kent  County  of  the  Chancellor  and 
the  Resident  Associate  Judge ;  and  in   Sussex  County  of  the 
Resident  Associate  Judge  and  the  remaining  Associate  Judge, 
who  shall  for  the  purpose  of  this  Act  be  a  Board  of  Canvass  for  court  to  be 
the  respective  counties  of  this  State;  in  case  the  certificates  of  v °s7.'^ °^ '^^"" 
election  of  any  election  district  in  the  county  shall  not  be  pro- 
duced or  in  case  the  certificates  produced  do  not  agree  or  in 
case  of  complaint  under  oath  of  fraud  or  mistake  in  any  such 
certificates  or  in  case  of  fraud  or  mistake  is  apparent  on  the  face 
of  any  such  certificate  the  Court  shall  have  the  power  to  issue  Powers  of  Court 
summary  process  against  the  election  officers  of  such  election 
district  or  any  other  persons  to  bring  them  forthwith  into  Court 
with  the  election  papers  in  their  possession  or  under  their  con- 
trol, and  to  open  the  ballot  boxes  and  take  therefrom  any  paper  opening  ballot 
contained  therein,  and  to  make     a    recount  of  the  ballots  con-  boxes. 
tained  therein,    and    to    correct    any    fraud  or  mistake  in  any 
certificate  or  paper  relating  to  such  election. 

Section  24.     If  the  presiding  election  officer  of  any  election 
district  after  the  election  shall  die  or  be  prevented  by  sickness  J^*acci'dent"of* 
or  accident  from  delivering  the  certificate  of  election,  together  p/esiding  eiec- 

•     .  tion  otficcr 

with  the  ballot  box  or  ballot  boxes  containing  the  ballots  and 

other  papers  required  by  law  to  be  placed  therein  to  the  Pro- 

thonotary  of  the  Superior  Court  of  the  county,  as  required  in 

the  preceding  section,  the  said  certificate  of  election  and  ballot 

boxes  for  his  election  district  shall  be  sent  by  safe  and  secure  sending  certifu 

conveyance  (for  the  safety  of  which  the  persiding  election  officer  cates,  etc. 

or  his  executors  or  administrators  or  heirs  shall  be  responsible) 

to  the  Prothonotary  on  the  day  next  succeeding  the  day^of  the 

general  election. 

Section  25.     After  the  state  of  the  election  shall  have  been  certificates, 
ascertained  by  calculating  the  votes  as  aforesaid  the  said  Su-  "'  '■^^"''■ 
perior  Court  shall  make  under  the  seal  of  said  court  the  follow- 
ing certificates,  to  wit : 

Three  certificates  of  the  election  of  electors  of  President 
and  Vice  President  of  the  United  States,  certiiying  in  words  at 
length  the  number  of  votes  given  for  every  person  voted  for,  for 
that  office. 

Four  certificates  of  the  election  of  Governor,  certifying  in 
words  at  length,  the  number  of  votes  given  for  every  person 
voted  for,  for  that  office. 


62 

Four  certificates  of  the  election  of  Lieutenant  Governor, 
certifying  in  words  at  length,  the  number  of  votes  given  for  ev- 
ery person  voted  for,  for  that  office. 

Two  certificates  of  the  election  of  a  representative  or  repre- 
sentatives, as  the  case  may  be,  of  this  State  in  the  House  of 
Representatives  of  the  United  States  in  Congress,  certifying  in 
words  at  length,  the  number  of  votes  given  for  every  person 
voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Attorney  General,  certi- 
fying in  words  at  length,  the  number  of  votes  given  for  every 
person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Insurance  Commissioner, 
certifying  in  words  at  length,  the  number  of  votes  given  for  ev- 
ery person  voted  for,  for  that  office. 

Four  certificates  of  the  election  of  State  Treasurer,  certify- 
ing in  words  at  length,  the  number  of  votes  given  for  every  per- 
son voted  for,  for  that  office. 

Four  certificates  of  the  election  of  Auditor  of  Accounts, 
certifying  in  words  at  length,  the  number  of  votes  given  for  ev- 
ery person  voted  for,  for  that  office. 

Two  certificates  of  the  election  of  a  Senator  for 

.  . .  .Senatorial  District  of  the  County  in  the  General  Assembly, 

Two  certificates  of  the  election    of    a    Representative  for 

Representative  District  of  the  county  in  the 

•General  Assembly. 

Two  certificates  of  the  election  of  Prothonotary. 

Two  certificates  of  the  election  of  Clerk  of  the  Peace. 

Two  certificates  of  the  election  of  Register  of  Wills. 

Two  certificates  of  the  election  of  Recorder. 

Two  certificates  of  the  election  of  Register  in  Chancery. 

Two  certificates  of  the  election  of  Clerk  of  the  Orphans' 
''Court. 

One  certificate  of  the  election  of  Levy  Court  Commission- 
ers for Levy  Court  District  (New  Castle  County.) 

One  certificate  of  the  election  of  Levy  Court  Commissioner 
for Representative  District  (Kent  County.) 

One  certificate  of  the  election  of  Levy  Court  Commission- 
ers or  of  such  of  said  officers  as  shall  have  been  voted  for  at  the 
.said  election. 


63 

One  certificate  of  the  election  of  County  Treasurer. 

One  certificate  of  the  election  of  Receiver  of  Taxes  and 
County  Treasurer. 

One  certificate  of  the  election  of  County  Comptroller. 

Two  certificates  of  the  election  of  Sheriff. 

Two  certificates  of  the  election  of  Coroner. 


One  certificate  of  the  election  of  Assessor  for 

Assessment  District  or  Hundred  (in  New  Castle  County.) 

One  certificate  of  the  election  of  Assessor  for 

Representative  District  (in  Kent  County.) 

One  certificate  of  the  election  of  Assesor  for 

Hundred  (in  Sussex  County.) 


One  certificate  of  the  election  of  Inspector  for 

Election  District  of Representative 

District. 

One  certificate  of  the  election  of  Road  Commissioners  for 
Hundred  (New  Castle  County.) 


The  said  Superior  Court  shall  inclose  and  seal  up  each  of  sealing 
said  certificates  separately  in  an  envelope,  with  an  endorsement  certificates, 
thereon  describing  the  certificates  inclosed.     Upon   the  paper  Endorsement, 
inclosing  the  certificates  of  the  election  of  Senator  or  Represen- 
tative in  the  General  Assembly,  the  name  of  the  person  chosen 
shall  be  endorsed.     The  said  Court  shall  deliver  the  ballot  boxes  Pn'\^^^°* 
to  the  Sheriff  of  the  county,  to  be  by  him  kept  and  delivered  as  to  sheriff. 
required  by  law. 

Section  26.     The  aforesaid  certificates  may  be  according  Form  of 
to  the  following  form,  to  wit:  certificate. 

The  State  of  Delaware County,  ss. 

Be  it  remembered,  that  at  the  general  election  held  on  the 
Tuesday  next  after  the  first  IMonday  in  November,  in  the  year 

of  our  Lord  one  thousand hundred  and 

for County,  according  to  the  Constitution  and 

laws  of  the  State  of  Delaware  '(here  insert,  to  wit. :  If  the  cer- 
tificate be  of  an  election  of  electors  of  President  and  Vice  Presi- 
dent, of  Governor,  of  Lieutenant  Governor,  of  Representative 
in  Congress,  of  Attorney  General,  of  Insurance  Commissioner, 
of  State  Treasurer,  of  Auditor  of  Accounts,  the  number  in 
words  at  length  of  votes  given  for  each  person  voted  for.  for 
said  respective  offices ;  if  the  certificate  be  of  an  election  of  Sen- 
ator or  Representative  in  the  General  Assembly,  or,  of  Pro- 
thonotary,  of  Clerk  of  the  Peace,  of  Register  of  Wills,  of  Re- 


64 

corder,  of  Register  in  Chancery ,of  Clerk  of  the  Orphans*  Court,, 
of  Levy  Court  Commissioner  or  Commissioners,  of  County- 
Treasurer,  of  Receiver  of  Taxes  and  County  Treasurer,  of 
County  Comptroller,  of  Sheriff,  of  Coroner,  of  Assessor,  of  In- 
spector or  of  Road  Commissioner,  the  names  of  the  persons 
elected),  which  is  manifest  by  calculating  and  ascertaining  the 
aggregate  amount  of  all  votes  given  for  each  person  voted  for 
in  all  the  hundreds  and  election  districts  of  the  county,  accord- 
ing to  the  provisions  made  by  law  in  this  behalf. 

In  testimony  whereof,  we and 

constituting  the  Superior  Court  for County,  who  have 

met  and  ascertained  the  state  of  the  election  throughout  the 
said  county,  as  the  law  requires,  have  hereunto  set  our  hands 
and  caused  the  seal  of  the  said  Superior  Court  to  be  hereunto- 
affixed  at  the  Court  House  in  said  county,  on  this day 

of  November,  A.  D 

Manner  of  filling  And  the  manner  of  making  the  insertion  aforesaid  may  be 

as  follows,  to  wit. : 

IN  CASE  OF  ELECTORS  OF  PRESIDENT  AND  VICE 

PRESIDENT. 

votes  were  given  for  ,, for  Elector 

votes  were  given  for  '. for  Elector 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  GOVERNOR. 

votes  were  given  for for  Governor 

votes  were  given  for for  Governor 

and  so  on,  naming  each  person  voted  for. 


up  certificate. 


IN  CASE  OF  LIEUTENANT  GOVERNOR. 

votes  were  given  for for  Lieutenant  Governor 

votes  were  given  for for  Lieutenant  Governor 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  REPRESENTATIVE  TO  CONGRESS. 

....  votes  were  given  for for  Representative  to  Congress- 

....  votes  were  given  for for  Representative  to  Congress. 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  ATTORNEY  GENERAL. 

votes  were  given  for for  Attorney  General 

votes  were  given  for for  Attorney  General 

and  so  on,  naming  each  person  voted  for. 


65 

IN  CASE  OF  INSURANCE  COMMISSIONER. 

votes  were  given  for for  Insurance  Commissioner 

votes  were  given  for for  Insurance  Commissioner 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  STATE  TREASURER. 

votes  were  given  for for  State  Treasurer 

votes  were  given  for for  State  Treasurer 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  AUDITOR  OF  ACCOUNTS. 

votes  were  given  for for  Auditor  of  Accounts 

votes  were  given  for for  Auditor  of  Accounts 

and  so  on,  naming  each  person  voted  for. 

IN  CASE  OF  SENATORS  TO  GENERAL  ASSEMBLY. 

was  duly  elected  Senator  for  the 

Senatorial  District  for  said  county  in  the  Gen- 
eral Assembly ;  and  so  on  giving  certificates  for  each  Senator 
elected  in  the  respective  Senatorial  Districts  of  the  county ;  and 

was  duly  elected  Senator  for 

the   Senatorial  District  for  said  county  in 

lieu  of late  Senator  for  said  Senatorial  Dis- 
trict of  said  county  in  the  General  Assembly  ;'and  so  on  giving 
certificates  for  each  Senator  elected  in  lieu  of  any  other  Sena- 
tor for  any  Senatorial  District  for  said  county  in  the  General 
Assembly. 

IN  CASE  OF  REPRESENTATIVES  TO  GENERAL 

.    ASSEMBLY. 

was  duly  elected  Represntative  for  the 

Representative  District  for  said  county  in  the 

General  Assembly ;  and  so  on,  giving  certificates  for  each  Rep- 
resentative elected  in  the  respective  Representative  Districts  of 
the  county. 

IN  CASE  OF  PROTHONOTARY. 

was  duly  elected  Prothonotary  for 

County. 

IN  CASE  OE  CLERK  OF  THE  PEACE. 
.was  duly  elected  Clerk  of  the  Peace  for 

IN  CASE  OF  REGISTER  OF  WILLS. 

.  .was  duly  elected  Register  of  Wills  for 


County. 


County. 


66 

IN  CASE  OF  RECORDER. 

was  duly  elected  Recorder  for 

County. 

IX  CASE  OF  REGISTER  IN  CHANCERY. 

was  duly  elected  Register  in  Chancery  for 

County. 

IN  CASE  OF  CLERK  OF  THE  ORPHANS'  COURT. 

was  duly  elected  Clerk  of  the  Orphans'  Court  for 

County. 

IN  CASE  OF  LEVY  COURT  COMMISSIONERS 
FOR  NEW  CASTLE  COUNTY. 

was  duly  elected  Levy  Court  Commissioner  for 

District  in  said  County  ;  and  so  on,  giving  a  cer- 
tificate for  each  Levy  Court  Commissioner  elected  in  each  dis- 
trict in  said  County. 

IN  CASE  OF  LEVY  COURT  COMMISSIONERS 
FOR  KENT  COUNTY. 

was  duly  elected  Levy  Court  Commissioner  for 

Representative  District  in  said  County ;  and  so 

on,  -giving  a  certificate  for  each  Levy  Court  Commissioner  elec- 
ted in  each  Representative  District  in  said  county. 

IN  CASE  OF  LEVY  COURT  COMMISSIONERS 
FOR  SUSSEX  COUNTY. 

was  duly  elected  Levy  Court  Commissioner  for 

Hundred  in  said  county,  and  so  on,  for  each 

Levy  Court  Commissioner  elected  for  any  hundred  in  the 
county. 

IN  CASE    OF    COUNTY  TREASURER  (IN  KENT  AND 

SUSSEX  COUNTY.) 

was  duly  elected  County  Treasurer  for 

County. 

IN  CASE  OF  RECEIVER  OF  TAXES  AND  COUNTY 
TREASURER  (IN  NEW  CASTLE  COUNTY.) 

was  duly  elected  Receiver  of  Taxes  and  County 

Treasurer  for  said  county. 


67 

IN  CASE  OF  COUNTY  COMPTROLLER  (IN  NEW 
CASTLE  COUNTY.) 

^ was  duly  elected  County  Comptroller  for  New 

Castle  County. 

IN  CASE  OF  SHERIFF. 

was  duly  elected  Sheriff  for County. 

IN  CASE  OF  CORONER. 
was  duly  elected  Coroner  for 


•County. 

IN  CASE  OF  ASSESSOR  IN  THE  CITY  OF  WIL- 
MINGTON. 

was  duly  elected  Assessor  for As- 
sessment District  of  the  city  of  Wilmington,  and  so  on,  giving 
certificates  for  each  Assessor  elected  in  the  respective  assess- 
ment districts  in  the  city  of  Wilmington. 

IN  CASE  OF  ASSESSOR    IN    NEW  CASTLE  COUNTY 
OUTSIDE  THE  CITY  OF  WILMINGTON. 

was  duly  elected  Assessor  for 

Hundred  in  said  county,  and  so  on,  giving 

certificates  for  each  Assessor  elected  in  the  respective  Hundreds 
•of  said  county. 

IN  CASE  OF  ASSESSOR  IN  KENT  COUNTY. 

was  duly  elected  Assessor  for 

Representative  District  in  said  County,  and  so  on,  giving  cer- 
tificates for  each  Assessor  elected  in  the  respective  Representa- 
tive Districts  in  said  county. 

IN  CASE  OF  ASSESSOR  IN  SUSSEX  COUNTY. 

was  duly  elected  Assessor  for 

Hundred  in  said  county,  and  so  on,  giving  certificates  for  each 
-Assessor  elected  in  the  respective  Hundreds  of  said  county. 

IN  CASE  OF  INSPECTOR  OUTSIDE  OF  THE  CITY  OF 

WILMINGTON. 

was  duly  elected  Inspector  for 

, Election  District  of Representative  Districts 

for County,  and  so  on,  giving  certificates 

Jor  each  Inspector  elected  in  each  election  district  in  each  Rep- 
jesentative  District  for  the  respective  counties. 


68 


Tie  votes. 


Certificate  of 
tie  to  be  deliv- 
ered to 
Governor. 


Delivery  of  cer- 
tificates of  elec- 
tion by  Court. 


Duplicate 
returns. 


Delivery  of. 


IN  CASE  OF  ROAD  COMAIISSIONERS  FOR  NEW  CAS- 
TLE COUNTY. 

was  duly  elected  Road  Commissioner  for 

Hundred   of   said   county,  and   so   on,  giving; 

certificates  for  each  Road  Commissioner  elected  in  said  county. 

Section  2'j.  If,  by  reason  of  an  equal  number  of  votes  hav- 
ing been  cast  for  two  or  more  persons  for  the  office  of  Senator 
or  Representative  in  the  General  Assembly,- Prothonotary, 
Clerk  of  the  Peace,  Register  of  Wills,  Recorder,  Register  in 
Chancery,  Clerk  of  the  Orphans'  Court,  Levy  Court  Commis- 
sioners, County  Treasurer,  Receiver  of  Taxes  and  County 
Treasurer,  County  Comptroller,  Sheriff,  Coroner,  Assessor,  In- 
spector or  Road  Commissioner  (for  New  Castle  County,)  it 
shall  appear  to  the  said  Court  that  a  vacancy  will  occur  in  said 
office,  a  certificate  of  such  fact  shall  thereupon  be  made  under 
the  hands  of  the  said  Superior  Court,  and  under  the  seal  of  said 
Court,  which  certificate  shall  be  transmitted  by  the  said  Court 
to  the  Governor,  and  the  aforesaid  certificate  of  election  shall 
be  delivered  as  hereinafter  is  provided. 

Section  28.  The  said  Superior  Court,  shall  within  three 
days  after  making  the  certificates  of  the  election  for  Electors  of 
President  and  \'ice-president,  either  personally,  or  by  a  person 
deputed  by  it  for  that  purpose,  transmit,  deliver  and  lodge  the 
said  certificates  of  the  election  for  Electors  of  President  and 
Vice-president,  as  follows,  to  wit : 

One  to  the  Governor,  another  to  the  Secretary  of  State, 
and  the  other  to  the  Prothonotary  of  the  County ;  and  shall 
transmit,  deliver  and  lodge  the  certificates  of  the  election  for 
Governor,  according  to  the  directions  of  the  Constitution  in 
that  behalf,  and  shall  transmit,  deliver  and  lodge  one  of  the  said 
certificates  of  the  election  for  Lieutenant  Governor  to  the  Pres- 
ident of  the  Senate,  or  in  case  of  a  vacancy  in  the  office  of  Presi- 
dent of  the  Senate,  or  his  absence  from  the  State,  to  the  Secre- 
tary of  State,  who  shall  keep  the  same  until  a  President  of  the 
Senate  shall  be  chosen,  to  whom  they  shall  be  immediately 
transmitted  after  his  election,  who  shall  open  and  publish  the 
same  in  the  presence  of  the  members  of  both  Houses  of  the 
General  Assembly,  Duplicates  of  the  said  returns  shall  also- 
be  immediately  lodged  with  the  Prothonotary  of  each  county, 
and  shall  transmit,  deliver  and  lodge  one  of  each  of  said  certifi- 
cates of  the  election  for  Representative,  or  Representatives,  in 
the  House  of  Representatives  of  the  United  States  to  the  Gov- 
ernor, and  lodge  the  other  of  the  said  certificates  in  the  office- 
of  the  Clerk  of  the  Peace  of  the  county ;  and  shall  transmit,  de- 
liver and  lodge  one  of  the  certificates  of  the  election  for  Attor- 
ney General,  for  Insurance  Commissioner,  for  State  Treasurer 


69 

:and  for  Auditor  of  Accounts  to  the  Governor  and  the  other  of 
.said  certificates  in  the  office  of  the  Prothonotary  of  the  coun- 
ty ;  and  shall  transmit  and  deliver  one  of  said  certificates  of  the 
election  of  Senator  and  one  of  said  certificates  of  the  election 
of  Representative  in  the  General  Assembly,  in  the  office  of  the 
Prothonotary  for  Kent  county,  and  further  shall  deliver,  on  the 
-first  day  of  the  meeting  of  the  General  Assembly  after  the  elec- 
tion the  other  certificate  of  the  election  of  Senator  to  the  Sen- 
.ate,  and  the  other  certificate  of  the  election  of  Representative 
to  the  House  of  Representatives ;  and  shall  transmit  and  deliver 
•one  of  said  certificates  of  the  election  of  Prothonotary,  of  the 
Clerk  of  the  Peace,  of  Register  of  Wills,  of  Recorder,  of  Regis- 
ter in  Chancery,  of  Clerk  of  the  Orphans'  Court,  of  Sheriff  and 
•of  Coroner,  to  the  Governor  and  the  other  of  said  certificates 
to  the  Clerk  of  the  Peace  of  the  county,  except  the  one  for 
■Clerk  of  the  Peace,  which  shall  be  delivered  to  the  Prothono- 
.tary ;  and  shall  transmit  and  deliver  the  certificate  of  the  elec- 
tion of  each  Levy  Court  Commissioner,  in  New  Castle  and  * 
Kent  counties,  and  the  certificate  of  the  election  of  Levy  Court 
Commissioners  in  Sussex  county  to  the  Clerk  of  the  Peace  of 
the  respective  counties ;  and  shall  transmit  and  deliver  the  cer- 
tificate of  election  of  the  County  Treasurer,  of  Receiver  of 
Taxes  and  County  Treasurer  (in  New  Castle  County)  and  of 
'Comptroller  (in  New  Castle  County),  to  the  Clerk  of  the  Peace 
■of  the  county ;  and  shall  transmit  and  deliver  one  of  the  certifi- 
icates  of  the  election  of  Assessor,  of  Inspector  and  of  Road 
Commissioner  (in  New  Castle  County)  to  the  Clerk  of  the  Peace 
■of  the  county,  to  be  laid  before  the  Levy  Court,  and  one  for 
each  of  said  officers  to  the  Sheriff  of  the  county  to  be  by  him 
delivered  to  the  respective  parties  certified  to  have  been  elected. 
'The  Prothonotary  of  Kent  county  shall,  on  any  day  of  the 
meetinor  of  the  General  Assembly,  deliver,  if  required,  the  cer- P';'?'h°"°'^''y '<> 

*^  *  -*■  QGiivcr  certain 

tificates  of  election  of  Senators  or  of  Representatives  to  the  or-  certificates  to 
der  of  the  House  to  which  it  belongs,  or  to  the  person  named  Assrafbiy. 
in  the  endorsement  thereon. 

Section  29.     Each  Inspector  or  other  officer  authorized  by  inspectors  to 
■  law  to  hold  the  election,  shall,  on  the  day  next  after  the  general  et^c'"^"  al^rkof 
election,  deliver  into  the  office  of  the  Clerk  of  the  Peace  of  his  the'peace. 
county,  the  oaths  or  affirmations  that  shall  have  been  signed 
"by  the  Inspector,  or  other  officer  authorized  by  law  to  hold  the 
•election  and  Judges  of  the  election  in  his  election  district,  and 
the  certificate  of  said  oaths  or  affirmations  being  administered, 
to  be  made  and  signed  as  directed  in  the  twelfth  Section  of  this 
Act,  and  the  two  lists  of  the  polls  kept  at  the  election  as  before 
directed,  and  the  Register  and  the  Book  of  Registered  Voters, 
certified    to    by    the     registration  officers,  with     the     notes  of 
■"\'Oted,"  as  the  -same  shall  have  been  made  in  said  last  men- 


70 

tJoned  book  on  the  day  of  the  election ;  all  of  which  shall  be- 
filed  in  the  office  of  the  said  clerk,  and  shall  be  public  records^ 
and  as  such,  admissible  as  evidence. 

Sheriff  to  pre-  Scction  30.     The  Shcriflf  shall  preserve    the    ballot  boxes- 

bo^xe*s^etc°'  Containing  the  ballots,  and  other  papers  required  by  law  to  be- 
placed  therein,  safely,  and  secured  in  the  manner  in  which  the 
same  shall  have  been  delivered  to  him,  until  the  last  day  of. 
February  next  after  the  election.  If  the  term  of  office  of  the  said 
Sheriff  shall  expire  prior  to  the  said  last  day  of  February,  he 
termol'office  shall  dclivcr,  withiu  two  days  after  the  expiration  of 
ofsheriff.  j^jjg    term,    the    said    ballot    boxes,  containing  the  ballots  and 

other  papers  required  by  law  to  be  placed  therein,  preserved  in. 
the  same  manner  in  which  they  were  when  delivered  to  him,  tO' 
his  sucessor  in  office,  who  shall  safely  and  securely  keep  the 
same  in  the  manner  in  which  the  same  shall  have  been  delivered 
to  him,  until  the  said  last  day  of  February  next  after  the  elec- 
tion. 

Power  of  Senate  Scction  "ii .     The  Scuatc  shall  have  power  to  compel  a  de- 

to  comDcI  Qsliv-      ■ 

ery  of  ballot       Hvcry  to  that  body  of  the  ballot  boxes  aforesaid,  and  for  that 
boxes.  purpose  to  order  and  cause  to  be  arrested  and  brought  before 

them  any  Sheriff  having  the  custody  of  the  said  ballot  boxes, 
Refusal  of  and  to  adjudge  him  guilty  of  a  contempt  for  neglect  or  refusal 
Sheriff.  ^^  deliver  any  such  ballot  boxes  and  to  proceed  against  him  ac- 

HouseofRe  re- ^*-*^^^"§^^-^'  ^^'^^  ^^^  Housc  of  Representatives  shall  have  power 
sentativesto       to  compcl  the  delivery  of  said  ballot  boxes  in  like  manner  and 

have  like  power,  u       l"i  T 

^         by  like  proceedings. 


Duty  of  Gov-  Section  32.     The  Governor,  after  receiving  the  certificates- 

retu/n's" ^''^'"'"^  of  the  statc  of  the  votes  of  the  respective  counties  of  the  State, 
under  the  seal  of  the  Superior  Court,  for  the  office  of  Attorney 
General,  Insurance  Commissioner,  State  Treasurer  and  Auditor 
of  Accounts,  or  any  of  whom  as  shall  have  been  voted  for  at 
the  preceding  general  election,  shall,  without  delay,  examine 
the  returns  and  declare  the  person  or  persons  elected,  and  shall 
Certificate  of  issuc  Certificates  of  such  election  under  his  hand,  and  the  same, 
election.  tcgcthcr  with  the  returns,  shall  be  filed  in  the  office  of  the  Sec- 

Fiiing.  retary  of  State,  and  the  Governor  shall  by  proclamation  make- 

public  the  state  of  the  vote  by  causing  the  same  to  be  published 
Proclamation  by  in  One  Or  morc  of  the  public  newspapers  of  the  respective  coun- 
Sta^rby'vote      ^^^^  ^^  ^^""^^  State,  and  shall  issue  commissions  to  the  persons^ 
elected,  as  required  by  the  Constitution  in  that  behalf. 

Section  33.  That  all  Acts  or  parts  of  Acts  supplied  by  this. 
Act  or  inconsistent  with  the  provisions  thereof  are  Eereby  re- 
pealed and  made  null  and  void. 

Approved  June  i,  A.  D.  1898. 


71 


CHAPTER  37,  VOLUME  19. 

AN  ACT  to  provide  for  the  Secrecy  and  Purity  of  the  Ballot. 

Be  it  eyiaded  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  tnet  : 

Section  i.     That  hereafter  it  shall  be  the  duty  of  each  In-  ^^ty  of  inspec- 
spector  of  Elections  in  this  State,  outside  of  the  citv  of  Wilming-  tor  to  provide  a 

■1  .,,,,.  .  ',  .°,   room  for  holding' 

ton,  to  provide  a  room  for  the  holding  of  any  general  or  special  elections. 

election     in     his    hundred    or     election  district  which  shall  be 

adapted  to  the  requirements  of  this  act.     Said  room  shall  be  at  piaceofhoid^ 

the  place  now  or  which  may  hereafter  be  established  by  law  in  ing  elections. 

each  hundred  or  election  district  for  the  holding  of  elections,  or 

in  as  close  proximity  thereto  as  practicable,  having  due  regard 

to  the  convenience  of  the  voters.*     Provided,  however,  that  if 

any  Inspector  shall  select  a  place  for  the  holding  of  any  gen-  Notice  of  change 

eral  or  .special  election  in  his  hundred  or  election  district,  other  TnJ'e^ections." 

than  the  one  established  by  law,  he  shall  do  it  in  time  to  give 

the  notice  of  holding  such  election  required  by  law.     Said  room 

shall  have  a  door  or  entrance  of  easy  or  convenient  access,  and 

if  practicable,  a  separate  means  of  exit.     It  shall  be  provided  on  pianofroom 

the  outside  with  a  passage  at  least  four  feet  wide  and  with  a  and  entrance. 

railing,  rope  or  wire  on  each  side  commencing  at  least  thirty 

feet  away  from  and  leading  to  the  entrance  to  such  place  of 

election  and  passing  the  place  assigned  for  the  challengers  and 

thence  to  the  entrance  of  the  room  in  which  the  election  is  held. 

The  Inspector  shall  provide  for  the  room  a  railing  therein  interior  appu- 
separating  the  part  of  the.  room  to  be  occupied  by  the  election  ^"""^  °  '^°°'"' 
of^cers  from  the  remainder  of  the  room.     He  shall  also  provide 
a  suitable  table  and  chairs  for  the  use  of  the  election  ofificers. 
The  table  shall  occupy  such  a  position  in  said  room  as  to  enable 
the   election  officers  and  the  challengers  hereinafter  provided 
for  to  easily  communicate  with  each  other.     He  shall  cause  to 
be  constructed  in  the  room  at  least  one  booth  for  every  one  Booths, 
hundred  and  fifty  voters  or  fractional  part  thereof  in  each  hun- 
dred or  election  district ;  provided  that  there  shall  not  be  less 
than  three  booths  at  any  one  hundred  or  election  district.     The 
booths  shall  be  at  least  three  feet  square  and  six  feet  high  if  the  sizea..dar- 
ceiling  will  admit  it.     They  shall  each  contain  a  shelf  properly  P"f^^^"'  °^ 
constructed  and  provided  with  pen  and  ink  and  they  shall  be  so 
constructed  and  arranged  that  all  the  election  oflficers  in  the 

*See  Section  2,  of  Chapter  38,  Volume  XXI. 


72 


Duty  of  the 
department  of 
elections  in  the 
City  of  Wil- 
mington, in 
providing  con- 
veniences for 
•elections. 


Challengers . 


room  can  see  whether  more  than  one  voter  enters  any  one  of 
them  at  any  one  time.  In  the  City  of  Wilmington  it  shall  be 
the  duty  of  the  Department  of  Elections  to  select  the  voting 
place  in  each  election  district  within  the  city  and  to  provide  the 
room  in  which  the  election  is  to  be  held  and  to  protect  the  same 
with  the  required  railing  or  rope  and  to  construct  therein  the 
necessary  number  of  booths  and  to  do  all  other  things  required 
to  be  done  by  the  Inspectors  of  Election  outside  of  the  City  of 
Wilmington  in  and  about  the  furnishing  and  fitting  up  of  said 
room. 

Section  2.  *Each  of  the  political  parties  may  select  and 
accredit  some  suitable  person  as  a  challenger  to  stand  without 
the  door  or  entrance  of  the  room  in  which  the  election  is  to  be 
held,  and  by  the  side  of  the  passage  hereinbefore  provided  for; 
and  in  case  of  failure  of  any  or  all  of  the  political  parties  to  se- 
lect such  person  or  persons  as  challenger  or  challengers  it  shall 
be  the  duty  of  the  Inspector  and  Judges  to  make  such  selection 
or  selections,  provided  that  the  challengers  may  be  exchanged 
and  their  places  filled  in  like  manner  during  the  day. 

Section  3.  A  political  party  within  the  meaning  of  this  Act 
poHUcai  shall  be  an  organization  of  bonafide  citizens  and  voters  of  any 
county  in  this  State,  which  shall  by  means  of  a  convention,  pri- 
mary election  or  otherwise,  nominate  candidates  for  public  offi- 
ces to  be  filled  by  the  people  at  any  general  or  special  election 
within  the  State.  No  organization  shall  be  regarded  as  a  polit- 
ical party  that  does  not  represent  at  least  one  hundred  bonafide 
citizens  and  voters  of  the  county  in  which  it  exists.  If  the 
Clerk  of  the       Clcrk  of  the  Peace  should  have  anv  doubt  as  to  the  sufificiencv 

x^C3C6  m3.V  a  •-'  » 

demand  certifi-    of  the  uumbcr  of  bouafidc  voters  represented  by  any  organiza- 
organfzation.      ^lon  ill  Ruy  couutv,  he  may  demand  a  certificate  of  twenty-five 
voters  belonging  to  such  an  organization  as  to  that  fact. 


What  shall  con 
stitute  a 
party  under 
this  Act. 


Clerks  of  Peace 
to  print  ballots. 


Nomination  to 
be  certified  to 
Clerk  of  the 


Peace . 


Section  4.  The  Clerks  of  the  Peace  for  the  several  counties 
shall  cause  to  be  printed  on  the  ballots,  herein  provided  for,  the 
names  of  the  candidates  nominated  by  the  parties  recognized 
b\  them  as  political  parties  within  the  meaning  of  this  act.  The 
nomination  of  the  candidates  for  the  office  of  Governor.  Repre- 
sentatives in  Congress  and  Presidential  Electors  shall  be  certi- 
fied to  the  several  Clerks  of  the  Peace  by  the  presiding  officer 
and  secretary  of  the  several  State  party  conventions  or  commit- 
tees, and  the  nominations  of  the  candidates  for  the  county,  hun- 
dred and  district  ofiices  shall  be  certified  to  the  respectiveClerks 
of  the  Peace  of  the  county  in  and  for  which  such  nominations 
have  been  made  by  the  presiding  officer  and  secretary  of  the 
proper  party  convention  or  committee.     The  certificates  shall 


:ee  Section  3  Chapter  396,  Volume  XX,  printed  after  this  Act. 


73 

be  in  writing  and  shall  contain  the  name  of  each  person  nomi-  ^^^^  ^f 
nated,  his  residence  and  the  office  for  which  he  is  nominated,  certificate. 
The  persons  making  such  certificates  shall  add  to  their  signa- 
tures their  respective  places  of  residence  and  shall  acknowledge 
said  certificate  before  an  officer  duly  authorized  to  take  ac- 
knowledgements of  deeds,  and  a  certificate  of  such  acknowledg- 
ment shall  be  affixed  to  the  instrument. 

The  certificate  shall  also  designate     a     title  for  the  party  Certificate  to 
which  such  convention  or  committee  represents  together  with  ordfvrceof^""^^ 
any  simple  figure  or  device  by  which  its  list  of  candidates  may  P^^y- 
be  designated  on  the  ballot.     Provided  that  the  figure  or  title 
or  device  selected  and  designated  by  the  State  convention  or 
committee  of  any  party  shall  be  used  by  that  party  throughout 
the  State-;  only  one  figure  or  device  shall  be  used  by  a  party  at 
any  election.     The  same  title,  figure  or  device  shall  not  be  used  Figures  or  de- 
by  more  than  one  party,  and  the  party  first  certifying  a  name,  ""^  °  parties, 
title,  figure  or  device  to  the  Clerks  of  the  Peace  shall  have  the 
prior  right  to  use  the  same.     Such  figure  or  device  may  be  the  what  figures  or 
figure    of    a    star,  an  eagle,  a  plow,  or  some  such  appropriate  ^rused  "^^ 
-symbol,  but  the  coat  of  arms  or  seal  of  the  State,  or  of  the  Uni-  what  shaii  not 
ted  States,  or  the  flag  of  the  United  States,  shall  not  be  used  as  be  used, 
such  figure  or  device. 

In  case  of  death,  resignation  or  removal  of  any  candidate  Death,  resigna- 
subsequent  to  nomination  a  supplemental  certificate  of  nomina-  of° candidates'' 
tion  may  be  filed  by  the  proper  officers  of  the  State,  county,  dis- 
trict or  hundred  committees.     In  case  of  a  division  in  any  party  in  case  of  divi- 
and  claim  by  two  or  more  factions  to  the  same  party  name  or  fn°part'ies'^who"^ 
title,  figure  or  device,  if  the  division  occurs  at  a  State  conven- shall  use  party 
tion,  or  extends  throughout  the  State,  the  Clerks  of  the  Peace    ^^^  °'^ 
of  the  several  counties  shall,  within  ten  days  after  any  one  of 
them  has  received  the  certificates  of  the  contending  factions.  How  decided, 
assemble  in  the  office  of  the  Clerk  of  the  Peace  at  Dover  and 
determine  which  faction  the  name,  title  or  figure  properly  be- 
longs to,  giving  the  preference  to  the  convention  held  at  the 
time  and  place  designated  in  the  call  of  the  regularly  constituted 
-party  authorities  ;  and  if  within  five  days  thereafter  the  other 
faction  shall  present  no  other  party  name  or  title,  figure  or  de- 
vice and  certify  the  same  to  the  Clerks  of  the  Peace  the  latter 
shall  again  immediately  assemble  and  select  some  suitable  title, 
figure  or  device  for  said  faction  and  the  same  shall  be  placed 
above  the  list  of  their  candidates  on  the  ballots.     If  the  certifi- 
cate of  the  contending  factions  shall  not  be   received  by  the 
Clerks  of  the  Peace  in  time  for  them  to  assemble  at  Dover  be- 
fore publishing  the  device  and  list  of  candidates  in  the  newspa- 
pers, then  and  in  that  case  each  Clerk  of  the  Peace  shall  deter- 
mine for  himself  which  faction  shall  be  entitled  to  the  name,  ti- 
tle, figure  or  device  and  shall  select  a  name,  title  or  figure  or 


74 


Clerk  o<  the 
Peace  to  pre- 
serve all  certifi- 
cates of 
nominations. 


Time  of  filing 
certificates  of 
nominations. 


Publication  of 
nominations. 


In  what  news- 
papers pub- 
lished. 


Arrangement  of 
nominations  for 
publication. 


What  nomina- 
tions shall  be 
excluded  from 
publication 
and  from  the 
ballots. 


Clerks  of  the 
Peace  to  print 
ballots. 


device  for  the  other  faction.  Provided  that  in  case  of  division* 
m  any  party  extending  only  throughout  a  county,  district  or 
hundred,  the  Clerk  of  the  Peace  of  the  county  in  which  such  di- 
vision occurs  upon  the  receipt  of  certificates  from  the  contend- 
ing factions  shall  determine  which  faction  is  entitled  to  the 
party  name,  figure  or  device  and  to  have  their  nominations- 
l-rinted  in  the  proper  party  column,  and  should  the  other  faction 
fail  to  do  so  the  Clerk  of  the  Peace  shall  select  for  them  a  name 
or  title,  figure  or  device. 

Section  5.  The  Clerks  of  the  Peace  of  the  several  counties- 
shall  cause  to  be  preserved  in  their  respective  of^ces  all  certifi- 
cates of  nominations  filed  under  the  provisions  of  this  act  for 
six  months  after  the  date  of  the  filing  thereof. 

Section  6.     Certificates  of  nominations  herein  directed  tO' 
be  filed  with  the  Clerks  of  the  Peace  shall  be  filed  not  less  than 
twenty  days  before  the  day  fixed  by  law  for  the  election  of  the 
persons  in  nomination. 

Section  7.  At  least  ten  days  before  an  election  to  fill  any 
public  office  the  Clerk  of  the  Peace  of  each  county  shall  cause 
to  be  published  in  at  least  two  newspapers  within  his  county  the 
nominations  to  office  certified  to  him  as  directed  in  Section  4.. 
He  shall  make  no  less  than  two  publications  in  each  of  such 
newspapers  before  election.  Such  publications  shall  be  made 
in  two  newspapers  representing  the  two  principal  political  par- 
ties. Provided,  that  in  all  cities  where  a  daily  newspaper  is 
published  such  notice  shall  also  be  published  in  two  daily  papers 
representing  such  political  parties,  if  such  there  be.  The  lists  of 
nominations  published  by  the  Clerk  of  the  Peace  shall  be  ar- 
ranged as  far  as  practicable  in  the  order  and  form  in  which  they 
will  be  printed  upon  the  ballots,  and  shall  designate  the  devices- 
under  which  the  lists  of  candidates  of  each  party  will  be  printed. 
The  Clerk  of  the  Peace  shall  not  include  in  the  publication  to 
be  made  according  to  this  section  the  name  of  any  candidate 
whose  certificate  of  nomination  shall  have  been  filed  in  his  office' 
who  shall  have  notified  him  in  writing  duly  signed  and  acknowl- 
edged that  he  will  not  accept  the  nomination.  The  names  of 
such  candidates  shall  not  be  included  in  the  names  of  the  candi- 
dates to  be  printed  on  the  ballot  as  hereinafter  provided. 

Section  8.  The  Clerk  of  the  Peace  in  each  county  shall 
cause  the  names  of  all  candidates  to  be  voted  for  in  his  county 
and  the  several  hundreds  or  districts  in  the  same  to  be  printed' 
in  parallel  columns  in  one  ballot,  all  nominations  of  any  party 
being  placed  under  the  title  and  device  of  such  party  as  desig- 
nated by  its  authorized  agent  or  agents  in  the  certificate  or  cer- 
tificates, or  if  none  be  designated  under  some  suitable  title  andii 


75 

device  to  be  selcted  by  the  Clerk  of  the  Peace.*  The  ballots  shall 

be  of  uniform  size  and  of  the  same  quality  and  color  of  paper  size,  form,  style: 

and  sufficiently  thick  that  the  printing  cannot  be  distinguished  ^aiio't°"°'^  °^ 

from  the  back.    The  arrangement  of  the  ballot  shall  in  general 

conform  as  nearly  as  possible  to  the  plan  hereinafter  given,  and 

the  device  named  and  chosen  and  the  list  of  candidates  of  the 

Democratic  party  shall  be  placed  in  the  first  column  on  the  left 

hand  side  of  said  ballot ;  of  the  Republican  party  in  the  second 

column  and    of    any  other  party  in  such  order  as  the  Clerk  of 

the  Peace  shall  decide. f 


Device 

Democratic 

Ticket. 


Device 

Republican 

Ticket. 


Arrangement  of 
ballots. 


For  Governor  : 
A.  B. 

For  Representative 
in  Congress  : 

C.  D. 


For  Governor  : 
E.  F. 

For  Representative 
in  Congress : 

G.  H. 


Section  9.  In  case  of  the  death,  removal  or  resignation  of 
any  candidate  after  the  printing  of  such  ballots  and  before  such 
election,  it  shall  be  lawful  for  the  chairman  of  the  State,  county, 
hundred  or  district  political  organization  by  which  such  candi- 
date was  nominated  to  make  a  nomination  to  fill  such  vacancy 
and  to  provide  the  election  officers  of  each  election  district  in 
W'hich  such  candidate  is  to  be  voted  for  with  a  number  of  past- 
ers containing  only  the  name  of  such  candidate  at  least  equal 
to  the  number  of  ballots  provided  for  each  election  district,  but 
no  pasters  shall  be  given  to  or  received  by  anyone  except  such 
election  officers  and  such  chairman,  and  it  shall  be  the  duty  of 
the  Clerks  of  Election  to  put  one  of  such  pasters  in  a  careful 
and  proper  manner  and  in  the  proper  place  in  each  ballot  before 
they  shall  sign  their  initials  thereon. 


Death,  removal 
or  resignation  ofi 
candidates  after 
printing  of 
ballots. 


New  nomina- 
tions, pasters, 
etc. 


Duty  of  clerks- 
of  election  in 
using  such 
pasters. 


Section   10.     If  the  printer  of  such  ballots  or  any  person  pointer  of  bai- 
employed  in  printing  the  same  shall  give  or  deliver  or  knowing-  lots  to  allow  no. 
ly  permit  to  be  taken  any  of  said  ballots  by  any  person  other  ta\eTout.  nor 
than  the  Clerk  of  the  Peace  for  whom    such    ballots  are  being  o°h''erfor'm''"^^ 
printed  or  shall  print,  or  cause  or  permit  to  be  printed  any  bal- 

*Clerk  of  the  Peace  to  fold  ballots.     See  Section  8,  Chapter  396,  Volume  XX. 
fSee  Section  2  of  Chapter  396,  Volume  XX. 


76 


Penalty. 


Number  of  bal- 
lots to  be 
printed. 


Number  of 
voters:  how 
ascertained. 


Packages  of 
ballots . 


Stamp. 


lot  in  any  other  form  than  the  one  prescribed  by  this  act,  or 
with  any  other  names  thereon  than  those  authorized  by  the 
Clerk  of  the  Peace  or  with  the  names  spelled  or  the  names  or 
devices  thereon  arranged  in  any  other  way  than  that  authorized 
and  directed  by  the  said  Clerk  of  the  Peace,  he  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  less  than  one  nor 
more  than  five  years  or  both  at  the  discretion  of  the  Court. 

Section  ii.  The  Clerk  of  the  Peace  in  each  county  shall 
cause  to  be  printed  within  the  State  of  Delaware  in  the  form 
hereinbefore  provided  four  ballots  for  every  voter  in  each  hun- 
dred or  election  district  in  his  county,  and  the  number  of  voters 
shall  be  ascertained  in  each  hundred  or  election  district  by  ref- 
erence to  the  highest  number  of  votes  polled  therein  at  any  pre- 
ceding election  with  due  allowance  for  any  estimated  increase 
thereof.  If  a  new  election  district  has  been  established  in  his 
county  the  number  shall  be  estimated  by  said  Clerk  of  the 
Peace  according  to  the  best  information  he  can  obtain. 

*The  Clerk  of  the  Peace  shall  cause  the  ballots  for  each 
hundred  or  election  district  to  be  carefully  wrapped  and  tied  in 


two  packages  each  containing     the     same 


which  packages  shall 
with  wax. 


be     plainly  marked 


number  of  ballots, 
ind  securely  sealed 


Duty  of  Inspec- 
tors of  election 
to  appear  at  the 
ofRce  of  Clerk  of 
the  Peace  to 
receive  ballots 
on  day  before 
election. 


To  keep  safe. 


Failure  of  the 
Inspector  to  call 
for  tickets, 
Clerk  of  the 
Peace  to  deliver 
to  whom. 


fThe  Clerk  of  the  Peace  in  each  county  shall  also  provide 
and  enclose  in  each  of  said  sealed  packages  one  stamp  for  ev- 
ery three  hundred  ballots  contained  in  the  package,  bearing 
a  (*)  or  such  other  device  as  he  may  select,  together  with  ink 
pads  or  other  necessary  apparatus  ready  for  use. 

Section  12.  It  shall  be  the  duty  of  each  Inspector  of  elec- 
tion outside  of  the  city  of  Wilmington  to  appear  at  the  office  of 
the  Clerk  of  the  Peace  of  his  county  on  the  day  preceding  the 
election  before  the  hour  of  three  o'clock  in  the  afternoon,  and 
the  Clerk  of  the  Peace  shall  deliver  to  him  one  of  the  sealed 
packages  of  ballots  and  stamps  for  his  hundred  or  election  dis- 
trict, and  the  said  Inspector  shall  safely  keep  the  said  package 
and  i)roduce  the  same  at  the  place  of  election  and  at  the  time 
of  the  opening  of  the  election,  provided,  however,  that  in  case 
there  shall  be  a  vacancy  in  the  office  of  any  Inspector  on  the 
day  preceding  the  election,  or  any  Inspector  for  any  cause  shall 
not  apply  to  the  proper  Clerk  of  the  Peace  for  the  package  of 
tickets  printed  for  his  hundred  or  election  district  by  the  hour 
of  three  o'clock  in  the  afternoon  of  the  day  preceding  the  elec- 

*Clerk  of  the  Peace  to  fold  ballots.     See  Section  9,  Chapter  396,  Volume  XX. 

tClerk  of  the  Peace  to  supply  indelible  black  lead  pencil  or  crayon.    See  Chapter  6a,  Vol.  22. 


77 

tion  the  said  Clerk  of  the  Peace  shall  deliver  said  package  to 
some  trusty  person  who  shall  deliver  it  on  the  day  of  the  elec- 
tion to  the  Inspector  of  Election  of  such  hundred  or  election 
district  at  the  place  of  election  and  immediately  upon  the  qual- 
ification of  the  election  officers. 

In  the  city  of  Wilmington  it  shall  be  the  duty  of  the  Presi-  to  whom  tick- 
dent  of  the  Department  of  Elections,  or  in  case  he  cannot  at-  the'cuyof'^'" 
tend  some  other  member  of  the  Department  of  Elections  au-  Wilmington, 
thorized  in  writing  by  the  President  of  the  Department  of  Elec- 
tions to  appear  at  the  ofifice  of  the  Clerk  of  the  Peace  of  New 
Castle  county  on  the  day  preceding  each  election  on  or  before 
the  hour  of  three  o'clock  in  the  afternoon  and  the  said  Clerk  of 
the  Peace  shall  deliver  to  him  one  of  the  sealed  packages  and 
stamps  for  each  election  district  in  the  city  of  Wilmington.  And 
the  said  department  of  elections  shall  safely  keep  the  same  and 
deliver  to  each  board  of  election  officers  and  at  the  polling  place 
on  the  day  of  the  election  at  the  time  provided  by  law  for  the 
delivery  of  the  ballot  boxes  the  ballots  intended  for  their  sev- 
eral and  respective  districts. 

Section  13.     Any  Inspector  or  any  other  .election  officer  or  p^naHyof  ejec. 
anv  other  person  whatever  who  shall  break  anv  package  con-  tion  officer  or 

."'   .  -      1  CI?  other  person 

taining  ballots  and  **  or  take  any  ballot  therefrom,  or  sufifer  breaking pack- 
the  same  to  be  done  by  another,  before  the  opening  of  the  elec-  banot°"'etc.'"^ 
tion  shall  be  deemed  guiltv  of  a  misdemeanor  and  upon  con- ^f°''^  °p^"'"s 

cj  -  i  of  election. 

viction  thereof  by  indictment  shall  be  fined  not  less  than  three 
hundred  dollars  nor  more  than  five  hundred  dollars  and  may 
at  the  discretion  of  the  court  be  imprisoned  for  a  term  not  less 
than  one  year  nor  more  than  two  years. 

Section  14.     If  by  any  action  or  casualty  the  ballots  de- loss  ordestmc 
livered  to  any  inspector  or  other  person  by  any  Clerk  of  the  tion  of  ballots. 
Peace  shall    be    lost    or    destroyed  it  shall  be  the  duty  of  such 
person  having  such  packages  in  his  custody  to  report  the  loss 
at  once  to  the  Clerk  of  the  Peace  from  whom  the  same  were 
obtained  and  make  affidavit  of  the  circumstances  of  the  loss  New  supply 
whereupon  such  Clerk  of  the  Peace  shall  at  once  re-supply  such  0^^=*"°'^ 
person.     In  case  such  person  having  in  custody  said  package 
fails  or  refuses  to  report  and  make  proof  of  the  loss,  any  quali- 
fied elector  may  do  so,  and  thereupon  such  Clerk  of  the  Peace 
shall  at  once  send  a  new  supply  by  some  trusty  person  as  pro- 
vided in  other  cases.     In  case,  for  any  reason,  there  should  be  officers  finT'"" 


no 


found  no  ballots  or  other  necessary  means  or  contrivances  for  of "oting'^aT""'^ 
voting,  at  the  opening  of  the  election  it  shall  be  the  duty  of  the  election, 
election  officers  at  such  election  place  to  secure  the  same  as 
speedily  as  possible,  and,  if  necessary,  such   election   officers 

♦Amended.    See  Chapter  62,  Volume  XXII. 


78 

Proviso.  shall  have  ballots  printed  or  written ;  provided,  however,  that 

such  ballots  shall  conform  as  nearly  as  possible  to  the  official 
ballots  and  the  printing  and  the  preparation  and  the  care  of 
the  same  shall  be  under  the  same  provisions  and  penalties  as 
the  printing  and  the  care  of  the  other  ballots  prescribed  in  this 
act. 


Opening  of 
package  of 
"ballots. 


Duty  of  clerk 
-of  election. 


Delivery  of 
ballots. 


Inbtructions 
for  voting. 


Inspectors  to 
Tiave  cards 
posted. 


Form  of  cards 
of  instruction. 


Section  15.  At  the  opening  of  the  election,  after  the  quali- 
fication of  the  several  officers  and  in  the  presence  of  the  others 
the  Inspector  or  the  chairman  of  the  Board  of  Inspectors  shall 
open  the  package  of  ballots  in  such  a  manner  as  to  preserve  the 
seals  intact.  He  shall  then  deliver  to  the  Clerk  of  the  Election 
of  the  opposite  political  party  from  his  own,  twenty-five  of  the 
ballots  and  to  the  other  Clerk  of  the  Election  the  **  for  marking 
the  ballots.  The  Clerks  of  the  Election  shall  at  once  proceed 
to  write  their  initials,  in  ink,  t(acro.ss  the  back  of  the  ballot  as 
folded  and  near  the  middle  thereof,)  in  their  ordinary  handwrit- 
ing, and  without  any  distinguishing  mark  of  any  kind.  As  each 
successive  elector  calls  for  a  ballot  the  Clerk  of  the  Election 
having  custody  of  the  ballots  shall  deliver  to  him  the  first 
signed  of  the  twenty-five  ballots,  and  the  Inspector  shall  imme- 
diately deliver  to  the  said  Clerk  of  the  Election  another  ballot 
which  the  Clerks  of  the  Election  shall  at  once  countersign,  as 
before,  and  add  to  the  ballots  already  countersigned,  so  that  it 
shall  be  delivered  for  voting  after  all  of  those  theretofore  coun- 
tersigned. 

Section  16.  The  Clerk  of  the  Peace  of  each  county  shall 
cause  to  be  printed  in  large  type  on  cards,  in  English  and  such 
other  language  as  he  may  deem  necessary,  instructions  for  the 
guidance  of  electors  in  preparing  their  ballots.  He  shall  fur- 
nish twelve  of  such  cards  in  each  of  the  languages  determined 
upon  by  him  to  each  of  the  Election  Inspectors  at  the  same 
time  he  delivers  to  him  the  ballots  for  his  hundred  or  election 
district.  Each  Inspector  shall  cause  to  be  posted  one  of  each 
of  said  cards  in  each  place  or  compartment  provided  for  the 
preparation  of  ballots,  and  one  of  each  kind  of  such  cards  at 
or  near  to  the  outer  end  of  the  enclosure  leading  to  the  polling 
place,  and  not  nearer  than  thirty  feet  of  the  polling  place,  and 
not  less  than  three  of  each  of  such  cards  and  three  samples  of 
each  of  the  ballots  in  and  about  the  polling  place  at  the  opening 
of  the  polls  on  the  day  of  election,  which  sample  ballots  shall  be 
printed  on  different  colored  paper  than  the  genuine  ballots. 
Said  cards  shall  contain  full  instructions  to  the  voters  as  to 
what  must  be  done;  First,  to  obtain  ballots  for  voting;  second, 
to  prepare  the  ballots  for  voting;  third,  to  obtain  a  new  ballot 


*.'\mended.     See  Chapter  62,  Volume  XXII. 
tSee  Section  9,  Chapter  396,  Volume  XX. 


79 

in  place  of  one  accidentalh'  defaced,  mutilated  or  spoiled,  also 
copies  of  Sections  24,  32,  33,  34  and  35  of  this  Act. 

Section  17.     One  challenger  appointed  and  designated  by  challengers, 
€ach  political  party  as  hereinbefore  provided  shall  be  entitled  ^''^"^ '°  ^'*"*^- 
to  stand  at  the  side  of  the  passage  and  near  the  entrance  to  the 
room.*     Xo  other  person  shall  remain  within  thirty  feet  of  said  ko  other  per- 
entrance  except  for  the  purpose  of  offering  his  vote,  and  voters  sons  except  to 

1      11  1  1  .  ,1  •       ^1^  1  •  1   •    i        1  vote,  to  be  with- 

sliall  approach  and  enter  the  passage  m  the  order  m  which  they  in  30  feet  of 
appear  for  the  purpose  of  voting.     If  any  person  offering  to  =""'^"'=^- 
vote  shall  be  challenged  by  one  of  such  challengers  or  by  any 
one  of  the  election  officers  his  right  to  vote  shall  be  at  once  de-  challengers, 
termined  by  the  proper  officers,  and  if  his  vote    is     refused  he 
shall  immediately  stand  aside  and  give  place  to  the  person  next 
in  line  and  retire  without  delay  from  within  the  thirty  feet  space 
around  the  entrance  to  the  room. 

^  Section   18.     Inoperative,     See  Section     i,     Chapter  396, 

^'olume  XX. 

Section  19.     \\' hen  a  voter  shall  have  been  passed  by  the  Admission  of 
challengers  he  shall  be  admitted  to  the  election  room.     Pro-  ^°'^'' '°  election 

"=>  11  1  room. 

vided,  however,  that  there  shall  not  be  in  the  room  at  any  one  x-     .      r 

1  •  /^  •  ]\  umber  01 

time  more  than  one  voter  for  each  booth  therem     On  entermg  voters  admitted 
the  roam  the  voter  shall  announce  his  name  to  the  Clerks  of  room^'^"°" 
election,  who  shall  register  it.     The  clerk  holding  the  ballots  Eaiiot  and  pen- 
shall  deliver  to  him  one  ballot  and  the  other  clerk  shall  deliver  delivered'"'" 
to  him  a     *     *     *     *     *     *     *     *     *     *     ggg  gg^,.   i,  Chap. 
396,  Vol.  20.     The  voter  shall  then,  and  without  leaving  the 
room,  go  alone  into  any  of  the  booths  which  may  be  unoccu- 
pied and  indicate  the  candidates  for  whom  he  desires  to  vote.t 
Before  leaving  the  booth  or  compartment  the  voter  shall  fold  his  ■    b  11 

ballot  so  that  no  part  of  the  face  thereof  shall  be  exposed,  and 
so  that  the  initials  of  the  Clerks  of  the  election  shall  be  exposed, 
and  on  leaving  the  booth  or  compartment  shall  return  the     * 
*     *     to  the  Clerk  of  the  election  and  deliver  the  ballot  to  the 
Inspector  or  to  the  Judge  who  may  temporarily  be  authorized 
to  act  for  the  Inspector,  who  shall  forthwith  in  the  presence  of  How  deposited. 
the  voter  and  of  the  other  election  officers  deposit  the  same  in 
the  ballot  box,  and  the  Clerks    of    the    election  shall  write  the '^"'>'°f '='"''=*• 
word  "voted"  after  the  name  of  the  voter  on  the  poll  list.  Pro- 
vided, however,  that  if  any  elector  shall  show  his  ballot  or  any    ''°^'^°- 
part  thereof  to  any  person  after  the  same  shall  have  been  mark- 
ed, so  as  to  disclose  any  of  the  candidates  voted  for,  such  ballot  sha,fnot'be'^ 
shall  not  be  deposited  in  the  ballot  box.     A  minute  of  such  oc-  deposited. 
currence  shall  be  made  on  the  poll  list  and  such  person  shall  not 


*See  Section  3,  Chapter  396,  Volume  XX. 
fSee  Section  2,  Chapter  396,  Volume  XX. 


8o 


No  voter  to 
leave  the  room 
with  ballot 
and  pencil. 


Number  of 
persons  in  room 
at  one  time. 


Time  for  voting. 


Conversation. 


Defaced  or 

mutilated 

ballots. 


be  allowed  to  vote  thereafter.  The  voter  shall  immediately  af- 
ter voting  leave  the  room,  and  upon  his  refusal  to  do  so  may 
be  ejected  therefrom,  but  no  voter  to  whom  a  ballot  and  *  * 
or  either,  have  been  delivered  shall  be  permitted  to  leave  the 
room  without  voting  the  ballot  or  returning  it  to  the  Clerk  of 
the  election  or  without  returning  the  *  '^  to  the  Clerk  of 
the  election  from  whom  he  received  it.  Any  voter  who  shall, 
attempt  to  leave  the  room  with  the  ballot  or  *  *  in  his  pos- 
session shall  be  at  once  arrested  on  demand     of     an     election. 

To  be  arrested,     ofificer. 

Section  20.  Not  more  than  one  person  shall  be  permitted 
to  occupy  any  booth  at  one  time,  and  no  person  shall  remain  in. 
or  occupy  a  booth  longer  than  may  be  necessary  to  prepare  his 
ballot,  and  in  no  event  longer  than  three  minutes.  No  more 
than  one  person  for  each  booth  in  the  room  other  than  the  elec- 
tion officers  shall  be  permitted  to  enter  or  be  in  the  election 
room  at  any  one  time,  and  no  voter  or  person  offering  to  vote 
shall  hold  any  conversation  or  communicate  with  any  other  per- 
son than  an  election  ofificer  while  in  the  election  room."^' 

Section  21..  Any  person  who  shall  by  accident  or  mistake,, 
spoil,  deface,  or  mutilate  his  ballot  may,  on  returning  the  same 
to  the  Clerks  of  the  Election  and  satisfying  them  that  such  spoil- 
ing, defacing  or  mutilation  was  not  intentional,  receive  an- 
other in  place  thereof,  and  such  clerk  shall  make  a  minute  of 
the  facts  on  the  poll  lists  at  the  time,  and  the  mutilated  ballot 
shall  then  be  destroyed  by  the  elector  in  the  presence  of  the 
election  ofificers. 

Section  22.     Supplied  by  Section  i,  Chapter  396,  Vol.  20.. 

Section  23.  No  Inspector  of  election,  or  Judge  acting  for 
the  Inspector,  shall  deposit  any  ballot  upon  which  the  initials  of 
the  Clerks  of  the  election  as  hereinbefore  provided  for  does  not 
appear  or  any  ballot  on  which  appears  externally  any  disting- 
uishing mark,  defacement  or  mutilation.! 

Section  24.  Any  person  who  shall  remove  or  attempt  tO' 
remove  a  ballot  or  stamp  from  the  election  room,  or  have  in  his- 
possession  outside  of  the  election  room  any  ballot  or  (t)  either 
genuine  or  counterfeit,  during  the  election,  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof  by  indictment,  shall, 
be  fined  not  less  than  two  hundred  dollars  and  not  more  than' 
five  hundred  dollars  or  may  be  imprisoned  for  a  term  not  ex- 
ceeding two  years  and  not  less  than  one; 

Section  25.  That  the  election:  oflficers,  *  *  *  before- 
entering  upon  the  duties  of  their  office  shall  each  take  an  oathi 


What  ballots 
not  deposited. 


Penalty  for 
removing  or 
attempting  to 
remove  ballots 
or  pencil  from 
room,  or  having 
any  ballot  or 
pencil  outside 
election  room. 


Oaths  of  elec- 
tion officers. 


•See  Section  7,  Chapter  396,  Volume  XX. 
tSee  Section  2,  Chapter  396,  Volume  XX. 
iAmended.     SeeChaptert  6'z,  Volume  XXJI.. 


8i 

that  he  will  not  disclose  the  name  of  any  voter  who  may  change 
or  alter  his  ballot  or  for  whom  he  voted  or  how  he  marked  his 
ballot;  that  he  will  not  in  any  manner  attempt  to  influence,  in- 
timidate, persuade,  bribe  or  coerce  any  voter  in  the  marking  of 
his  ballot  or  in  the  making  of  the  choice  of  the  person  or  per- 
sons for  whom  he  votes,  and  any  election  officer  *  *  *  * 
who  shall  violate  his  oath  in  any  of  these  particulars  shall  be  violation  of 
guilty  of  wilful  and  deliberate  perjury  and  upon  conviction  °*'^'^"''"'^' 
thereof  by  indictment  he  shall  in  addition  to  the  penalties  and 
disabilities  annexed  to  such  crime  be  fined  not  more  than  live 
hundred  dollars  and  may  at  the  discretion  of  the  court  be  im- 
prisoned not  exceeding  two  years. 

Section  26.     Inoperative. 

Section  27.     In  the  counting  of  the  votes  any  ballot  which  ^^^^  ballots 
is  not  endorsed  with  the  initials  of  the  Clerks  of  the  election  as  not  counted. 
provided  in  this  act,  and  any  ballot  which  shall  bear  any  dis- 
tinguishing mark  shall  be  void  and  shall  not  be  counted,  and 
any  ballot  or  part  of  a  ballot  from  which  it  is  impossible  to  de- 
termine the  elector's  choice  of  candidates  shall  not  be  counted 
as  to  the  candidate  or  candidates  afifected  thereby ;  provided.  Proviso. 
however,  that  such  ballots  and  all  disputed  ballots  shall  be  pre-  „.     ,  ,  ,  ■, ,  , 

1    1  1         T  11  r      1  11   Disputed  ballots 

served  by  the  inspector  and  at  the  close  of  the  count  placed  to  be  preserved. 
with  the  seals  of  the  ballot  packages  in  the  box  into  which  the 
ballots  shall  have  been  put  when  read.     The  election  officers 
shall  also  record  on  the  tally  list  memoranda  of  such  ballots  and  Memoranda. 
the  condition  of  the  seal  of  the  ballot  packages ;  and  in  any  con- 
test of  election  such  ballot  and  seals  may  be  submitted  in  evi- 
dence.    Immediately   on  closing  the   polls   all  the   ballots   re- 
maining unvoted  or  unused  shall  be  counted  and  destroyed  by  Remaining 
the  election  officers  of  the  several  hundreds  or  election  districts  ^f"°e/^'o^ 
by  totally  consuming  by  fire,  and  the  election  officers  shall  cer- 
tify the  number  of  ballots  so  destroyed  by  them  on  the  respec- 
tive tally  lists. 

The  several  Clerks  of  the  Peace  shall  preserve  the  ballots  p,  ,     ^  j^ 
left  over  in  their  hands  after  supplying  the  hundreds  and  elec-  Pe"ce^to  destroy 
tion  districts,  as  hereinbefore  provided,  until  six  o'clock  P.  M.  ^^"°'^ '^'^^  °''"- 
of  the  day  of  election,  and  shall  then  count  and  destroy,  by  to- 
tally consuming  by  fire,  all  of  such  ballots  but  one,  which  he 
shall  preserve  in  his  office  as  a  record  together  with  his  certifi- 
cate of  the  number  of  ballots  counted  and  destroyed  by  him. 

^Section  28.     If  any  Clerk  of  the  Peace  or  his  clerk  or  any 
one  acting  for  him  shall  neglect  or  refuse  to  have  the  ballots  felTo^Jfusli^' 
and  *  *  printed  and  prepared  according    to    the    provisions  of  p^lX^J^^cr-^ 
this  act,or  shall  neglect  or  refuse  to  deliver  them  in  time  to  the  term  the  dutie& 


under  this  act. 


♦Amended.     See  Chapter  62,  Volume  XXII. 


82 


Penalty  for  elec- 
tion officers  or 
voters'  assist- 
ants revealing 
certain  knowl- 
edge. 


Penalty^for 
falsely  or  fraud- 
ulently destroy- 
ing, etc.,  any 
certificate  of 
nominations. 


Penalty  for  vio- 
lation of  any 
provisions  of 
this  act . 


Duty  of  Sheriff, 


Compensation 
of  Inspector  or 
■.trusty  person. 


parties  properly  entitled  to  receive  them,  or  shall  neglect  or  re- 
fuse to  do  or  perform  any  other  duty  in  and  about  the  prepara- 
tion and  distribution  of  the  ballots  and  *  *  required  to  be 
done  and  performed  by  him  by  the  provisions  of  this  act,  he 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not 
less  than  one  nor  more  than  five  thousand  dollars,  and  he  may 
in  the  discretion  of  the  Court  be  imprisoned  for  not  less  than 
one  nor  more  than  five  years. 

Section  29.  If  any  person  being  an  election  officer  *  *  * 
shall  reveal  to  any  person  how  any  elector  has  voted  or  what 
person  or  persons  were  voted  for  by  him  on  any  ballot  or  give 
any  information  concerning  the  appearance  of  any  ballot  voted, 
such  person  or  persons  so  offending  shall  be  guilty  of  a  misde- 
meanor and  on  conviction  thereof  by  indictment  shall  be  fined 
not  more  than  five  hundred  dollars  and  shall  be  imprisoned  not 
less  than  two  years  and  not  more  than  five  years. 

Section  30.  Any  person  who  shall  falsely  make  or  fraudu- 
lently deface  or  fraudulently  destroy  any  certificate  of  nomina- 
tion, or  any  part  thereof ;  or  file  any  certificate  of  nomination 
knowing  the  same  or  any  part  thereof  to  be  falsely  made ;  or 
suppress  any  certificate  of  nomination  which  has  been  duly  filed 
or  any  part  thereof ;  .or  forge  or  falsely  make  the  official  en- 
dorsement of  any  ballot ;  or  print  or  cause  to  be  printed  any 
imitation  ballot  or  circulate  the  same ;  or  conspire  with  others 
to  do  any  of  said  acts,  or  induce  or  attempt  to  induce  any  other 
person  to  do  any  of  said  acts  whether  or  not  said  acts  or  any 
of  them  be  committed  or  attempted  to  be  committed,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  one  hundred  nor  more  than  five  hun- 
dred dollars  or  imprisoned  in  the  discretion  of  the  court  not 
more  than  five  years. 

Section  31.  If  any  Clerk  of  the  Peace,  Inspector  of  Elec- 
tion, Clerk  of  Election  or  Judge  of  Elections  or  trusty  person 
*  *  *  shall  wilfully  violate  any  of  the  provisions  of  this  act 
in  the  performance  of  any  duty  herein  imposed  upon  him  for  the 
violation  of  which  no  other  punishment  is  herein  provided  he 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  three  nor  more  than  five 
hundred  dollars  and  may  in  the  discretion  of  the  court  be  im- 
prisoned for  a  term  not  exceeding  three  years. 

Section  32.  The  Sheriff  shall  make  the  ballot  boxes  and 
the  tally  lists  and  all  other  papers  to  be  delivered  to  the  several 
inspectors  conform  to  the  requirements  of  this  act.  The  in- 
spector or  the  trusty  person  for  his  services  in  receiving  and  de- 
livering at  the  place  of  holding  the  election  as  aforesaid  the 
packages  containing  the  ballots  and  stamps  shall  receive  two 
dollars. 


83 

Section  22-     *I^  ^^J  person  not  herein  authorized  so  to  do  Penalty  for 
.•shall  enter  or  attempt  to  enter  the  election  room,  or  enter  or  at-  ^^^^"[^sor  at- 

•1-1  •!•  1         1-  1  r      1        tempting  to 

tempt  to  enter  withm  the  raihng  leadmg  to  the  entrance  of  the  enter  election 
election  room,  or  shall  remain  within  thirty  feet  of  the  polling  contJa°ryTd 'thfs 
place  contrary  to  the  provisions  hereinbefore  made,  he  shall  be  ^'^'• 
guilty  of  a  misdemeanor  and  on  conviction  thereof  be  lined  not 
more  than  two  hundred  dollars. 

Section  34.  If  any  person  shall  induce  or  attempt  to  induce  Distinguishing 
any  elector  to  write,  paste  or  otherwise  place  on  his  ballot  the  marks  on  baiiot 
name  of  any  person  or  any  sign  or  device  of  any  kind  as  a  dis-  m"king.  ""^ 
tinguishing  mark  by  which  to  indicate  to  any  other  person  how 
such  elector  has  voted,  or  shall  enter  into  or  attempt  to  form 
any  agreement  or  conspiracy  with  any  other  person  to  induce 
or  attempt  to  induce  electors  or  any  electors  to  so  place  any 
distinguishing  mark  or  name  on  his  ballot  whether  or  not  said 
act  be  committed  or  attempted  to  be  committed,  such  persons 
so  offending  shall  be  guilty  of  a  misdemeanor  and  on  conviction 
be  imprisoned  for  not  exceeding  two  years. 

Section  35.     If  any  person  shall  induce  or  attempt  to  in- jn^j^cingeiec- 
■duce  any  election  officers  to  violate  any  of  the  provisions  of ''p"  oncers  to 
this  act  whether  or  not  such  election  officer  shall  violate  or  at-  visions  of  this 
tempt  to  violate  any  of  the  provisions  of  this  act,  such  person  ^*^'" 
so  offending  shall  be  guilty  of  a  misdemeanor  and  on  conviction 
shall  be  imprisoned  for  a  term  not  exceeding  five  years.  It  shall  Duty  of 
be  the  duty    of    each  inspector    to    distinctly  read  this  and  the  inspector, 
preceding  section  to  the  election  officers  at  the  opening  of  the 
polls  and  each  member  thereof  shall  thereupon  take  an  oath  oath  of  election 
that  he  has  not  violated  and  will  not  violate  the  provisions  of  officers. 
said  sections. 

Section  36.     Any  person  who  shall  during  the  election  re-  penalty  for 
move  or  destroy    any    of    the    supplies  or  other  conveniences  d^^tro^ing'con-'^ 
placed  in  the  booths  as  aforesaid  or  delivered  to  the  voter  for  veniences  at 
the  purpose  of  enabling  the  voter  to  prepare  his  ballot,  or  shall  ^'°""space. 
■during  the  election  remove,    tear    down    or    deface  the  cards 
printed  for  the  instructions  of  the  voters,  or  shall,  during  an 
-election  destroy  or  remove  any  booth,  railing  or  other  conven- 
ience provided  for  such  election,  or  shall  induce  or  attempt  to 
induce  any  person  to  commit  any  of  such  acts  whether  or  not 
any  such  acts  are  committed  or  attempted    to    be    committed, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction  shall  be 
punished  by  imprisonment  for  not  less  than  six  months  nor 
more  than  one  year. 

Section  37.     Inoperative.     *     *     *       All  necessary  costs  ^^^^^^^^ 
:and  expenses  incurred  by  the  Inspector  and  Clerks  of  the  Peace  how  paid.' 

*See  Section  7,  Chapter  396,  Volume  XX. 


84 

in  carrying  into  effect  the  provisions  of  this  act  shall  be  paid  as 
other  county  expenses  are  paid. 

Towhateiec-'  Scction  38.     This  a£t  shall  apply  to  all  municipal  elections 

ion^VAhfs'""'^'  ^^^^  ^"  ^^^  '^^^y  °^  Wilmington,    *  *  *    but  it  shall  not  apply 
act  apply.         *     *     *     to  the  election  for  members  of  the  Board  of  Educa- 
tion in  the  city  of  Wilmington. 

Inconsistent  Scction  39.     All  acts  Or  part  of  acts  inconsistent  with  this 

acts  repealed.     ^^^  ^^^  hereby  repealed. 

Passed  at  Dover,  May  15,  1891. 


CHAPTER  62,  VOLUME  22. 

AN  ACT  providing  that  the  Official  Ballots  shall  hereafter  be  marked  by 
the  Voter  when  indicating  his  choice  of  Candidates  with  an  indelible* 
black  lead  pencil  or  indelible  black  crayon. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

Section  i.  That  whenever,  under  any  provisions  of  the 
laws  of  this  State,  any  voter  or  elector,  at  any  election  hereaf- 
ter to  be  held  in  this  State,  is  required  to  indicate  on  the  official 
ballot  the  candidates  for  whom  he  desires  to  vote  at  such  elec- 
tion, by  marking  his  ballot  in  such  manner  as  to  indicate  for 
whom  he  casts  his  vote,  every  such  voter  or  elector,  at  any  elec- 
tion aforesaid,  shall  indicate  his  choice  of  candidates  aforesaid^ 
by  marking  his  ballot  with  an  indelible  black  lead  pencil  or  in- 
delible black  crayon,  and  shall  not  use  any  other  means  or  in- 
strumentality for  such  purpose. 

Shall  use  black  Scctiou  2.     That  any  and  all  mark  or  mxarks  now  required 

pencil  or  crayon,  by  the  laws  of  this  State,  to  be  made  on  any  official  ballot,  used 

at  any  election  hereafter  held  in  this  State,  shall  be  made  by  the- 

use  of  the  pencil  or  crayon  mentioned  in  Section  i  of  this  Act.. 

Mark  m«de  Any  elcctor  desiring  to  vote  at  any  such  election  shall  make 

crosL'dnne'^sin    ?  mark  crossing  two  lines  with  the  pencil  or  crayon  aforesaid,. 

the  square.        in  the  large  square  enclosing  the  device  at  the  head  or  top  of 

any  ticket  printed  on  the  official  ballot,  in  heu  of  any  mark  now 


To  mark  the 
official  ballot. 


What  to  be 
used. 


85 

May  scratch  oef 

required  to  be  made  with  a  stamp ;  provided,  however,  that  any  name  of  any 
voter  may  cross  out,  or  scratch  off,  the  name  of  any  person  ap-  onfy  wuh' 
pearing  on  the  said  ballot  under  the  square  so  marked  by  him,  aJoresakT*^'' 
and  in  lieu  thereof  may  or  may  not  write  in  said  ballot  imme-  May  or  may 
diately  over  the  name  so  crossed  out  or  scratched  off,  the  name  no'^'tei" 

r  1  1-  i-iri  r-r-  name  ot  any 

of  any  other  person  who  is  a  candidate  for  the  same  oflnce  at  other  candidate, 
said  election,  and  the  said  changes  shall  be  made  with  the  pen-  Change  to  be 

'       .  .  °  i^  made  with 

cil  or  crayon  aforesaid.  pencil  or  crayon 

aforesaid. 

Section  -i.     That  it  shall  be  the  duty  of  the  several  persons  Duty  of  those 

*-^  rGQuircd  to 

who,  at  the  time  this  Act  becomes  a  law,  are  required  by  the  fumish  means 
laws  of  this  State  to  provide  and  furnish  any  stamp  for  the  use  bauTt"*""^ 
of  the  voters  at  any  election,  to  provide  and  furnish,    in    lieu 
thereof,  at  least  one  dozen  indelible  black  lead  pencils  or  black 
crayons  for  and  to  each  and  every  election  district,  in  which  any 
•election  as  aforesaid  is  to  be  held,  for  the  use  of  the  voters  in 
•said  election  district  at  any  such  election.     If  any  person  shall  Penalty  for  re- 
mutilate,  destroy,  cancel  or  take  away  from  any  election  district  muuiafing 
any  such  pencil  or  crayon,  so  provided  and  furnished  as  afore-  pencils  or 

•  •  •••      crsvons 

said,  before  or  during  the  time  any  election  mentioned  in  this 
Act  is  being  held,  he,  she  or  they,  shall  be  guilty  of    a    misde- 
meanor and  shall  be  fined  not  exceeding  five  hundred  dollars  or  Fine  therefor. 
imprisoned  not  exceeding  one  year,  or  both,  in  the  discretion 
of  the  Court. 

Section  4.     That  it  shall  be  the  duty  of  the  several  clerks  putyofEiec- 
of  the  election  in  the  several  election  districts  in  this  State  who  furnish"oter 
were  heretofore  required  to  deliver  to  the  electors  or  voters,  with  pencil  in- 

1  r  -111-  111  1  stead  of  Stamp. 

the  stamp  heretofore  required,  to  deliver  and  hand  to  each  voter 
thereat  one  of  the  said  pencils  for  the  purpose  of  marking  his 
ballot,  and  it  shall  be  the  duty  of  every  such  voter  at  any  elec- 
tion mentioneid  in  this  Act  at  the  time  of  handing  his  ballot  to 
the  Inspector  of  Election  or  other  person  authorized  by  law  to  pendlol-cra^yon 
receive  his  ballot,  to  return  to  the  said  clerks  of  election  the  '° ^f "'"  ^*^'^'' 
said  pencil  or  crayon  furnished  him  as  aforesaid. 

Section  5.     That  if  any  person  shall  violate  any  of  the  pro-  vioiattonof 
visions  of  this  Act,  not  herein  speciallv  provided  for,  he,  she  or  ^ws  act  to  be 

I  1111  -1  r  -1  ^  1  ..a  misdemeanor. 

they  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  five  hundred  dollars  or  im- 
prisoned not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  Court. 

Section  6.     That  all  provisions  of  law  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Approved  March  2,  A.  D.  1901. 


86 


Abolished. 

Who  may  be 
assisted. 


CHAPTER  396.    VOLUME  20. 

AN  ACT  to  further  provide  for  the  Secrecy  and  Purity  of  the  Ballot. 

Be  it  e?iacted  by  the  Senate  a7id  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  7net : 

Provided,  that  any  person  who  shall  be  physically  unable  to  pre- 
pare,* *  *  or  fold  his  ballot  by  reason  of  such  defective  eyesight^ 
or  the  loss  of  the  use  of  one  or  both  hands,  or  inability  to  walk 
with  safety  without  assistance,  as  manifestly  renders  him  una- 
ble to  prepare,  (f)  *  *  *  or  fold  his  ballot,  or  to  reach  the  polling, 
place  alone  wdth  safety,  shall  be  permitted  to  bring  with  him 
into  the  election  room  and  booth  any  elector  (or  two  electors  if 
the  nature  of  the  disability  manifestly  requires  more  than  one,, 
such  as  a  total  disability  to  walk)  of  the  polling  district  for  the 
purpose  of  rendering  him  the  necessary  assistance.  In  case  any 
elector  shall  feign  any  of  such  physical  defects  he  shall  be  guil- 
ty of  a  misdemeanor,  and  upon  conviction  thereof  by  indictment 
shall  be  fined  one  hundred  dollars  and  shall  be  imprisoned  for 
not  more  than  two  years. 

Section  2.  That  all  ballots  hereafter  to  be  printed  under 
authority  of  any  law  of  this  State  for  use  at  any  general  or  spe- 
cial election  shall  be  so  printed  that  no  small  square  shall  be 
placed  opposite  the  name  of  any  person  on  any  ballot,  and  any 
Stamping  ballot,  elector  desiring  to  vote  at  any  such  election  shall  stamp  his 
ballot  in  the  large  square  enclosing  the  device  at  the  head  of 
any  ticket  printed  on  the  official  ballot,  and  may  cross  out  the 
name  of  any  person  appearing  on  the  said  ticket  under  the 
square  so  stamped  by  him,  and  if  he  so  desires,  may  insert  in 
lieu  of  the  name  so  crossed  out  the  name  of  any  other  person 
nominated  for  the  same  office  as  the  person  whose  name  is 
crossed  out,  using  only  a  black  lead  pencil  for  such  purpose. 
And  it  is  hereby  expressly  provided  that  if  in  lieu  of  the  name 
of  any  person  so  crossed  out  the  name  of  any  person  not  nomi- 
nated for  the  office  for  which  he  is  thus  voted  and  whose  name 
is  not  printed  on  said  ballot,  the  ballot  containing  such  name 
shall  be  treated  as  and  is  hereby  declared  to  be  a  marked  ballot 
and  void  and  shall  not  be  counted. 


Feigning  physi- 
cal defects, 
misdemeanor. 


Punishment. 


Printing  of 
ballots. 


Changing  ballot. 


Marked  ballot 


Challengers  to 
have  powers  of 
peace  officers. 


Section  3.     That  the  challengers  of  the   Democratic  and 
Republican  parties,  respectively,  chosen  for  any  general  or  spe- 

*Voters  Assistants  restored.     See  Chapter  63,  Volume  XXII. 
fAmended.     See  Chapter  64,  Volume  XXII. 


87 

cial  election  hereafter  to  be  held,  shall  be  Peace  Officers  of  the 
State  with  the  same  powers  for  preserving  the  peace  as  Inspec- 
tors of  Election  now  have,  and  in  the  election  districts  outside 
the  City  of  Wilmington  the  challengers  shall  be  stationed  out- 
side the  entrance  to  the  polling  room,  and  shall  not  be  allowed  pomngpfacL. 
inside  of  said  room.     Any  person  resisting  such  challenger  or 
challengers  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  Resisting 
conviction  thereof  by  indictment  shall  be  fined  not  more  than  misdemeanor, 
one  hundred  dollars  and  may,  at  the  discretion  of  the  court,  be 
imprisoned  for  a  term  not  exceeding  one  year ;  and  in  the  City 
of  Wilmington  the  said  challengers  shall  act  as  Clerks  of  Elec-  jLlungers^shlir. 
tion  and  perform  all  the  duties  now  incumbent  upon  the  Clerks  act  as  clerks  of. 
of  Election,     and     before  entering  upon     such     duties  shall  be^"'°"' 
sworn  as  Clerks  of  Election  are  now  required    to    be  sworn  to  Oath. 
perform  their  duties  as  Clerks  of  Election,  and  receive  compen- 
sation as  such.     Such  Clerks  of  Election  and  challengers  in  the 
City  of  Wilmington  shall  be  appointed  by  the  respective  County 
Committees  of  the  Democratic  and  Republican  parties,  and  the 
challengers  in  the  election  districts  outside  of  the  City  of  Wil-  jjow  appointed, 
mington  shall  be  selected  and  named  by  the  County  Commit- 
tees of  the  said  parties. 

Section  4.  The  County  Committees  of  the  Democratic  judges,  how 
and  Republican  parties  in  each  county  shall  name  and  select  selected. 
each  a  Judge  of  Election  for  each  election  district  outside  of 
the  City  of  Wilmington,  who  shall  be  appointed  and  qualified 
at  the  time  and  perform  the  duties  as  now  provided  by  law  of 
Judges  of  Election  in  the  districts  for  which  they  are  chosen 
respectively. 

Section  5.  That  wherever  in  the  laws  of  this  State  relating  words  defined, 
to  general  or  special  elections  the  words  "principal  political 
parties''  now  occur,  or  words  equivalent  thereto  or  so  designat- 
ing parties  shall  be  used,  the  same  shall  be  taken  to  designate 
and  are  hereby  declared  to  designate  the  Democratic  party  and 
the  Republican  party. 

Section  6.     That  the  Democratic  and  Republican  County  g  ^^.^j  og^ers 
Committees  may  each  select  and  designate  one  suitable,  repu- at  entrance  of 
table  and  sober  person  as  a  special  officer  to  stand  at  the  en-  p°  '"space. 
trance  of  the  polling  place,  to  be  not  less  than  thirty  feet  away 
from  the  entrance  to  the  voting  room  as  now  provided  by  law, 
to  regulate  the  admission  of  persons  to  the  polling  place,  and 
while  so  stationed  and  performing  their  duties  as  herein  pro- 
vided, the  persons  so  designated  shall  be  clothed  with  all  the 
powers  of  officers  of  the  peace  as  those  now  given  by  law  to  in- 
spectors of  election,  and  any  person  resisting  such  special  offi- 
cer shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  indictment,  shall  be  fined  not  more  than  one 


88 


Unlawfully  en- 
tering voting 
room  or  doing 
any  unlawful  act 


Misdemeanor. 
Punishment. 


Each  party  may 
be  represented 
at  the  prepara- 
tion for  and 
opening  of 
election. 


Clerks  of  Peace 
to  have  ballots 
folded. 


Initials  of  clerks 
of  election  on 
back  of  ballots. 


Folding  ballot 
by  voter. 


hundred  dollars  and  may,  at  the  discretion  of  the  Court,  be  im- 
prisoned for  a  term  not  exceeding  one  year. 

Section  7.  Before  the  hour  of  opening  the  polls  on  the 
day  of  election  and  at  the  time  of  opening  the  election  and  af- 
terwards at  any  time  during  the  day  of  the  election  and  before 
the  hour  of  closing  the  election,  if  any  person  or  persons  shall 
enter  the  voting  room  or  attempt  to  enter  the  same  for  the  pur- 
pose of  interfering  with  the  election  officers  in  the  discharge  of 
their  duties  as  such  or  for  any  purpose,  or  shall  attempt  to  mo- 
lest, disturb  or  prevent  the  election  officers  from  proceeding 
regularly  with  any  general  or  special  election,  or  shall  take 
charge  of  or  attempt  to  take  charge  of  any  voting  room  wdthin 
in  the  time  herein  mentioned  for  the  purpose  of  preventing  or 
delaying  an  election  or  for  any  other  purpose  on  election  day, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  fhall  be  fined  not  less  than  three  nor  more  than  five 
hundred  dollars,  and  shall  be  imprisoned  for  a  term  not  exceed- 
ing three  years,  provided,  that  a  single  representative  of  each 
political  party,  having  nominated  a  ticket,  and  such  party  being 
represented  on  the  ballot  then  printed  for  any  general  or  spe- 
cial election,  may  at  the  opening  of  the  election  be  present  to 
aid  in  the  proper  qualification  of  the  several  election  officers, 
and  to  see  that  the  ballot  boxes,  tickets,  blanks,  etc.,  are  all  in 
proper  condition ;  but  as  soon  as  the  election  officers  shall  be 
qualified  and  ready  to  open  the  elections,  the  proper  hour  there- 
for having  arrived,  such  representatives  of  each  political  party 
shall  immediately  retire  from  the  election  room ;  provided,  fur- 
ther, that  such  persons  may  first  vote  before  retiring  if  they 
shall  so  desire. 

Section  8.  That  in  addition  to  the  duties  now  required  of 
the  Clerk  of  the  Peace  in  said  county  relative  to  the  printing 
and  delivering  of  the  ballots,  each  of  said  Clerks  of  the  Peace 
shall,  before  delivering  said  ballots  to  the  several  inspectors  of 
his  county  as  now  required  by  law,  cause  said  ballots  to  be 
folded  in  one  uniform  manner  in  his  county,  in  convenient  form 
to  be  deposited  in  the  ballot  boxes,  and  so  folded  that  no  part 
of  the  face  of  the  ballot  shall  be  exposed. 

Section  9.  That  the  clerks  of  the  elections  shall  write  their 
initials  in  ink  across  the  back  of  the  ballot  as  folded,  and  near 
the  middle  thereof,  in  lieu  of  the  manner  in  which  they  have 
heretofore  been  required  to  do;  and  the  voter  before  leaving 
the  booth  or  compartment  shall  fold  his  ballot  as  near  as  he  can 
in  the  same  manner  in  which  it  was  handed  to  him ;  but  failing 
to  do  this  he  must  fold  it  so  that  no  part  of  the  face  thereof  shall 
be  exposed  and  so  that  the  initials  of  the  clerks  of  the  election 
shall  be  exposed. 


89 

Section  lo.     In  case  any  elector  who  may  be  selected  to  as-  voters;  assistant 
sist  any  person  by  reason  of  the  physical  defects  hereinabove  tureofvotr 
mentioned  shall  reveal  how  such  elector  has  voted  or  what  per- 
son or  persons  were  voted  for  by  him  on  any  ballot  or  give  any 
information  concerning    the    appearance    of    any  ballot  voted, 
such  elector  or  electors  so  offending  shall  be  guilty  of  a  misde-  Misdemeanor 
cneanor  and  upon  conviction    thereof    by    indictment  shall  be 
fined  one  hundred  dollars  and  shall  be  imprisoned  not  less  than    "'^'^^'°^"'- 
•one  nor  more  than  three  years. 

Section  ii.    That  if  any  inspector  of  election,  judge  of  elec-  officer  of  elec- 
tion, clerk  of  election  or  challenger,  shall  in  any  way  or  manner  unrawf^ac"'"^ 
or  by  any  means  or  device  whatsoever  make  known  or  com- 
municate by  any  means  whatsoever  or  shall  attempt  to  make 
"known  or  communicate  by  any  means  whatsoever,  to  any  per- 
son or  persons  on  election  day  while  the  election  is  in  progress, 
or  at  any  time  thereafter,    how    any    elector  has  or  shall  have 
voted,  he  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  Misdemeanor. 
thereof  he  shall  be  lined  not  less  than  one  hundred  dollars  and  Punishment, 
may,  in  the  discretion  of  the  court,  be  imprisoned  for    a    term 
not  exceeding  one  year. 

Section  12.     That    if    anv  person  other  than  the  election  ^ 

,-r  1      11  J     r  ,   .  -.  .  •  Secreting  one  s 

orncers  shall  secrete  or  attempt  to  secrete  himself  m  any  part  of  self  in  election 
the  polling  room  during  the  hours  of  the  election  for  any  pur-  ''°°'"' 
pose  whatsoever,  he  shall  be  deemed  guilty  of    a    misdemeanor  Misdemeanor 
and  upon  conviction  thereof  he  shall  be  fined  not  less  than  one 
hundred  dollars,  and  may  in  the  discretion  of  the  court  be  im-  ^""'shment. 
prisoned  for  a  term  not  exceeding  one  year. 

Section  13.     If  any  Clerk  of  the  Peace,  Inspector  of  Elec-  Any  violation  of 
tion,  Judge  of  Election,  Clerk  of  Election  or  challenger,  shall  '""^  ^" 
wilfully  violate  any  of  the  provisions  of  this  act  in  the  perform- 
ance of  any  duty  herein  imposed  upon  him  for  the  violation  of 
which  no  other  punishment  is  now  provided  by  law,  he  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  Misdemeanor, 
he  shall  be  fined  not  less  (than*)  three  nor  more  than  five  hun-  Punishment. 
dred  dollars  and  may  in  the  discretion  of  the  court  be  impris- 
oned for  a  term  not  exceeding  two  years. 

Section  14.     That  all  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Passed  at  Dover,  May  20,  1897. 


*This  word  omitted  in  enrolled  bill. 


90 


Governor  to 
appoint  voters' 
assistants  on  or 
before  October 
loth. 


The  County 
Committees  of 
the  two  parties 
having  highest 
and  next  highest 
number  of  votes 
to  submit  list 
of  names. 


If  none  are  sub- 
mitted Governor 
to  appoint. 


Voters'  assist- 
ants to  be  in 
election  room. 


Shall  assist 
voter  when 
requested. 


CHAPTER  63.     VOLUME  22. 

AN   ACT    ci-eating    the    office   of  Voters'    Aisistant   and   prescribing   the 

duties  thereof. 

Be  it  enacted  by  the  Seriate  ajid  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

Section  i.  That  on  or  before  the  tenth  day  of  October  in 
e?ch  and  every  year  in  which  a  general  election  is  held  in  this 
State,  it  shall  be  the  duty  of  the  Governor  to  select,  appoint  and 
commission  an  honest  and  capable  man  from  each  of  the  two 
principal  political  parties  in  each  and  every  election  district  in 
this  State,  including  the  districts  in  the  City  of  Wilmington,who 
shall  be  known  as  Voters'  Assistants. 

The  County  Committees  of  the  two  principal  political  par- 
ties, which  at  the  general  election  next  preceding  cast  the  high- 
est and  next  highest,  number  of  votes  respectively,  in  such 
County,  shall  each  submit  to  the  Governor  the  names  of  three 
men  for  such  appointment  and  from  said  names  the  Governor 
shall  select  one  to  represent  each  party,  but  in  no  case  no  name 
or  names  is  or  are  submitted  by  either  or  both,  the  Governor 
shall  then  make  such  appointment  or  appointments  as  he  may 
see  fit. 

Section  2.  That  the  Voters'  Assistants  shall  be  stationed! 
within  the  room  where  the  election  is  being  held,  and  shall,when! 
requested  by  any  voter,  assist  such  voter  to  mark,  alter,  change,, 
scratch,  or  fold  his  ballot  in  the  presence  of  the  voter  and  of 
each  other,  and  shall  also,  when  requested  by  the  voter,  read 
over  to  him  the  names  of  the  candidates  on  the  ballot  which  he- 
desires  to  vote. 


Penalty  for  false  Scctiou  3.     That  if  any  Voters'  Assistant  make  a  false  dec- 

deciaration.  laratiou  to  any  voter  he  shall  upon  conviction  be  fined  one  hun- 
dred dollars,  and  any  Voters'  Assistant  who  shall  decline  any 
voter  in  any  way  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction, shall  be  fined  not  less  than  Two  hundred  dollars  nor 
more  than  Five  hundred  dollars,  and  may  in  the  discretion  of 
the  Court  be  imprisoned  for  a  term  not  exceeding  five  years. 

Section  4.     That  all  Acts  or  part  of  Act  inconsistent  here- 
w'ith  be  and  the  same  are  hereby  repealed. 

Approved  March  8,  A.  D.  1901. 


91 


CHAPTER  53.    VOLUME  23. 

AN  ACT  providing  for  the  submission  to  the  Qualified  Electors  of  the 
State  of  Delaware  the  question  whether  a  system  of  Advisory  Initiative 
and  Advisory  Referendum  shall  be  established  in  this  State. 

Be  it  enacted  by  the  Senate  ajid  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met : 

Section  i.     That  there  shall  be  submitted  to  the  qualified 
electors  of  this  State,  at  the  next  general  election  to  be  held  in  ^vJan^Adl'lf-" 
the  month  of  November,  A.  D.,  nineteen  hundred  and  six,  the  ory  Referendum 

.     11  .  ,  •  •  to  be  submitted 

tOllOWmg  question.  to  electors  at 

general  electioit 

"Shall  the  General  Assembly  of  the  State  of  Delaware  pro-  '"  '9°^- 
vide    a    system    of    Advisory  Initiative  and  Advisory  Referen- 
dum?" 

Section  2.     It  shall  be  the  duty  of  the  Clerks  of  the  Peace  Dutyofcierk 
oi  the  several  Counties  of  this  State  to  have  prepared  a  separate  of  Peace  to 
ballot  in  substantially  the  following  form.  prepare 

Form  of  Ballot. 

Shall  the  General  Assembly  of  the  State  of  Delaware  pro- 
vide a  system  of  Advisory  Initiative  and  Advisory  Referendum?  Form  of  baiiot. 

Yes. 

No. 

Section  3.     The  Clerks  of  the  Peace  of  the  several  Coun-  Ballots,  the 
ties  of  this  State  shall  provide  the  same  number  of  ballots  in  number  of  and 

.,,.  .,  ^  -iiir.i  1   now  furnished. 

the  foregoing  form  as  are  now  required  by  law  for  the  general 
election,  and  shall  furnish  the  same  in  all  respects  as  is  now  or 
may  hereafter  be  provided  for  the  furnishing  of  other  ballots  to 
be  used  in  the  said  general  election. 

Section  4.     Each  person  qualified  to  vote  at  the  said  gene-  Qualified  eiec- 
ral  election  shall  be  entitled    to     cast  one  ballot  either  for  or  c°st^one'baiiot, 
against  the  said  system,  and  all  the  provisions  of  law  now  exist- 
ing shall  apply  to  such  qualified  electors^  and  all  punishments 
now  provided  by  law  shall  be  imposed  with  the  same  force  and 
effect  as  if  expressly  included  herein. 

Section  5.     At  such  general  election  any  elector  desiring  Method  of 
to  vote  in  the  affirmative  upon  the  question  submitted    in    the  marking  baiiot. 
said  ballot  shall  place  a  cross  opposite  the  word  "yes"  on  said 
ballot,  and  any  elector  desiring  to  vote     in    the  negative  shall 
place  a  cross  opposite  the  word  "no. 


jj 


92 


Ballot  boxes, 
how  furnished. 


iBallot  not 
mingled  with 
K5ther  ballots 
iused  at  general 
■election. 

Election  officers, 
their  duty  to 
■count  ballots 
And  make  re- 
turns thereof. 


Section  6.  .  It  shall  be  the  duty  of  the  persons  now  re- 
quired by  law  in  the  several  election  districts  of  this  State  to 
furnish  ballot  boxes  to  be  used  at  the  said  general  election;  to 
furnish  a  separate  ballot  box  for  each  election  district  in  this 
State,  in  which  separate  ballot  box  the  ballots  herein  provided 
shall  be  cast  and  said  ballots  shall  not  be  commingled  with  the 
other  ballots  used  at  such  general  election. 

Section  7.  It  shall  be  the  duty  of  the  election  officers  in 
each  election  district  in  this  State  to  count  the  said  ballots  af- 
ter the  same  have  been  cast,  and  to  make  return  thereof  in  all 
respects  as  now  provided  by  law  in  relation  to  ballots  cast  at  the 
said  general  election,  provided,  however,  that  the  number  of 
ballots  cast  for  or  against  the  said  question  shall  be  kept  upon 
separate  sheets  to  be  furnished  by  the  Clerks  of  the  Peace  of  the 
several  Counties. 

Section  8.  It  shall  be  the  duty  of  the  presiding  officer  of 
each  election  district  to  make  out  certificates,  showing  the  re- 
sult of  the  said  vote,  in  the  same  manner  as  now  provided  by 
law  in  relation  to  certificates  of  the  vote  cast  at  the  general  elec- 
tion, which  certificates  shall  be  made,  certified,  returned  and  de- 
livered in  all  respects  as  now  provided  by  law  in  relation  to  the 
general  election. 

SectioH  9.  The  said  votes  shall  be  canvassed  and  the  re- 
sult ascertained  by  the  Superior  Court  in  and  for  each  County 
of  this  State  as  provided  in  Section  6,  Article  5  of  the  Constitu- 
tion of  this  State,  and  the  Superior  Court  in  each  County  shall 
be  clothed  with,  and  shall  exercise  all  of  the  powers  in  relation 
thereto  as  they  now  possess  and  exercise  in  relation  to  the  can- 
vassing and  ascertaining  of  the  votes  cast  at  such  general  elec- 
tion. 

iExpenses  inci-  Scctiou  10.     Thc  cxpeusc     of    printing  ballots,  procuring 

howpaid.'"'°"'  the  ballot  boxes,  and  all  other  expenses  connected  with  the  tak- 
ing of  the  said  vote  shall  be  borne  as  is  provided  in  relation  to 
the  other  expenses  incurred  for  the  general  election. 

Approved,  April  i8,  A.  D.  1905. 


iCertificate  of 
state  of  vote, 
how  made, 
returned  and 
idelivered . 


Vote  to  be 
•canvassed  by 
Superior  Court. 


93 


CHAPTER  39-    VOLUME  21. 

AN  ACT  to  enable  tho  Qualified  Voters  in  the  Military  or  Naval  Service 
of  this  State  or  of  the  United  States  to  exercise  the  Bights  of  Suffrage. 

Be  it  enacted  by  the  Seyiat^  a?id  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Section  i.     That  whenever  any  of  the  qualified  voters  of  voters  engaged 
this  State  shall  be  ensfasred  in  the  military  or  naval  service  of  in  military  or 

^    ^  n3.va.l  service 

this  State  or  of  the  United  States,  and  as  such  absent  from  the  of  u.  s. 
hundred,  election  district  or  ward  of  their  residence  on  the  days 
appointed  by  law  for  holding  county.  State,  Congressional  or 
Presidential  elections  within  this  State,  or  on  the  days  ap- 
pointed in  writs  of  election  issued  by  the  presiding  officer  of 
either  house  of  the  General  Assembly  or  the  Governor  for  hold- 
ing special  elections  to  fill  vacancies,  such  qualified  voters  shall 
be  entitled  at  such  time  to  exercise  the  right  of  suffrage  as  fully 
as  if  they  were  present  at  their  usual  places  of  election,  notwith-  Right  to  vote, 
standing  any  provisions  to  the  contrary  in  any  act  or  acts  now 
in  force. 

Section  2.  A  poll  shall  be  opened  in  each  company  at  the  Pou  for  receiv- 
quarters  of  the  captain  or  other  commanding  officer  thereof,  ing  votes. 
and  all  electors  belonging  to  such  company  who  shall  be  within 
two  miles  of  such  quarters  on  the  day  of  the  election,  shall  vote 
at  such  poll,  and  at  no  other  place ;  officers  other  than  those  of 
a  company,  and  other  voters  detached  and  absent  from  their 
companies  on  duties  which  will  not  permit  them  to  return  to 
their  companies,  may  vote  at  such  of  the  said  polls  as  may  be 
most  convenient  to  him. 

Section  '}^.     The  polls  shall  be  open  at  ten  o'clock  in  the  Hours  of  voting, 
morning:  and  close  at  five  o'clock  in  the  afternoon. 


'&> 


Section  4.     At  ten  o'clock  in  the  morning  on  the  day  of  Election  and 
election  the  voters  present  at  each  of  the  polling  places  afore-  efection'^ffice°rL 
said,  shall  elect  viva  voce  three  persons  present  at  the  time,  and 
having  the  qualifications  of  electors  in  this  State  for  the  judges 
of  said  election ;  and  the  judges  so  elected  shall  then  appoint  • 
two  of  the  remaining  qualified  electors  present  to  act  as  clerks 
of  said  election. 

Section  5.     Before  any  votes  shall  be  received  said  Judges  Oath  of  officers^ 


94 


Ballot. 
Challenge. 


Poll  list. 


Entries. 


Duty  of  election 
officers. 


and  Clerks  shall  each  make  the  oath  or  affirmation  required  by 
the  election  laws  of  this  State  to  be  taken  by  persons  serving  in 
the  capacity  of  election  officers,  which  oath  or  affirmation  any 
of  the  Clerks  or  Judges  herein  provided  for  many  adminster  to 
each  other,  and  said  oath  or  affirmation  shall  be  in  writing 
signed  by  said  Judges  and  clerks  taking  the  same  and  shall  be 
returned  to  the  proper  officer  of  this  State  with  the  ballots  and 
other  papers  of  the  election  returns. 

Section  6.  All  elections  shall  be  by  ballot  and  the  Judges 
of  election  may,  and  upon  challenge  of  any  voter  shall  examine 
under  oath  such  voter  (which  oath  any  of  the  Judges  may  ad- 
minster) in  respect  to  his  right  and  his  qualifications  to  vote  in 
the  particular  hundred,  election  district  of  this  State  in  which 
he  claims  residence. 

Section  7.  At  each  polling  place  three  poll  lists  shall  be 
kept,  one  for  each  county  in  this  State,  and  plainly  labeled  as 
such  at  the  top  of  the  list.  The  two  Clerks  shall  keep  duplicate 
lists,  when  a  vote  is  deposited  in  the  ballot  box,  the  name  of  the 
first  voter  shall  be  entered  on  the  list  of  the  county  in  which  he 
claims  his  residence,  and  in  front  of  such  name  shall  be  placed 
number  one  and  the  second  person  whose  vote  is  taken  as  of 
that  county,  shall  have  his  name  so  entered  and  numbered  two ; 
and  so  on  the  poll  lists  for  each  county  shall  be  kept.  And  in 
addition  thereto  the  name  of  the  hundred  or  election  district  in 
which  the  voter  claims  his  residence,  and  the  name  and  number 
of  the  company  and  regiment  to  which  he  belongs  shall  be  en- 
tered opposite  his  name. 

As  soon  as  the  ballot  of  the  voter  has  been  deposited  in 
the  ballot  box,  the  Clerks  shall  check  his  name  off  the  list  of 
voters. 

Section  8.  The  Judge  to  whom  the  voter  shall  give  his  bal- 
lot, shall  pronounce  the  name  of  the  voter  in  a  clear  and  dis- 
tinct voice  and  if  the  Clerks  shall  find  his  name  on  the  author- 
ized list  of  Registered  Voters,  and  no  objection  shall  be  made 
to  his  voting,  the  Judge  shall  deposit  his  ticket  in  the  ballot  box. 
If  any  objection  is  raised  to  the  right  of  the  party  to  vote,  the 
Judge  shall  determine  the  matter  by  the  same  authority  but 
under  the  same  restrictions  as  other  Judges  of  election  sitting 
in  the  State. 


Counting 
of  votes. 


Section  9.     At  the  close  of  the  polls,  the  poll  lists  of  each 
county  shall  be  counted  and  the  number    of    names  of  voters 
thereon  written  in  words  at  the  foot  of  the  lists,  and  the  lists 
Signing  list,  etc.  ghall  bc  sigucd  by  the  Judges  and  Clerks  under  oath  or  affirma- 
tion declaring  them  to  be  true  and  correct  lists  of  those  from 


95 

whom  they  have  accepted  ballots,  and  any  blank  spaces  on  such 
"lists  between  the  names  of  the  voters  and  the  election  officers 
shall  be  checked  through  in  ink. 

Section  lo.     After  the  poll  lists  are  signed  the  ballot  boxes  Separation  of 
shall  be  opened,  the  ballots  taken  out  one  at  a  time,  and  merely 
•separated  into  three  lots  according    to     the  county  into  which 
they  are  to  be  counted.     A  count  shall  be  kept  of  the  number  Count. 
of  ballots  for  each  county  (without  making  any  count    of    the 
•candidates    voted    for).     The  ballots  when    so    separated  and 
counted  shall  be  placed  in  heavy  envelopes,  specially  prepared  Envelopes. 
for  the  purpose.     The  Judges  shall  then  certify  under  oath  or  Certificate. 
affirmation  as  to  the  number  of  votes  returned  by  them  for  the 
respective  counties  of  the  State,  this  certificate  together  with 
the  lists  of  those  who  voted,  as  kept    by    the     Clerks,  shall  be 
placed  in  such  envelopes.     The  envelopes  shall  be  marked  plain-  securing  ballots 
ly  in  the  name  of  the  prothonotary  of  the  proper  county ;  it  shall  in  envelopes. 
"be  sealed  and  held  by  them  jointly  until  collected  by  the  persons 
assigned  by  the  Governor  of  this  State,  as  Election  Messenger,  Collection  of. 
to  go  upon  the  field  and  collect  these  returns  which  shall  be  de- 
posited by  them  in  a  lock  pouch,  which  shall  be  locked  with  two  Locked  Pouch. 
locks  having  different  keys  and  one  key  shall  be  kept  in  the  pos- 
session of  a  representative  of  one  political  party  and  the  other 
key  shall  be  kept    in    the    possession    of    a    representative  of 
another  political  party.     These  persons    so    designated  by  the 
Governor    to    collect    these    election  returns,  shall  have  three 
pouches,  in  one  shall  be  placed  the  returns  for  each  county.  As  Collection  and 
soon  as  they  have  gathered  the  election  returns  they  shall  lock  retTrT.""  ° 
the  pouches  and  shall  take  them  jointly  with  the  greatest  speed 
to  the  Prothonotary  of  the  county  to  which  they  belong ;  notify- 
ing the- Prothonotary  in  advance  upon  what  train  to  expect  the 
returns  if  they  are  to  be  brought  in  by  train. 

Section  ii.     The  prothonotary  of  the  county  receiving  the  Delivery  to 
returns  shall  keep  them  as  other  election  returns  of  the  State  canvass. 
received    by    him,  and  shall  deliver  them  to  be  counted  by  the 
"Board  of  Canvass  which  shall  open  the  ballots  and  count  them 
ns  other  election  returns  made  from  voting  precincts  within  the 
State. 

Section  12.     The  Governor  shall  at  a  suitable  time  in  ad- Appointment  of 
vance  of  the  election  designate  two  persons  who  shall  be  mem-  camp"  wuh '*" 
"bers  of  different  political  parties,  whose  duties  it  shall  be  to  visit  ballots,  etc. 
any  encampment  contemplated  in  this  Act,  (and  where  there  is 
tnore  than  one  such  encampment,  the  Governor  shall  designate 
two  such  persons  for  each  encampment,  whose  duty  it  shall  be 
to  take  ballots  to  such  encampments  to  be  delivered  at  each 
voting  place,  together  with  copies  of  the  registration  lists  of  the 
counties  of  this  State,  and  other  forms,  blank  forms,  papers  of 


c6 


information  and  paraphernalia  necessary  to  be  had  at  a  place 
To  collect  votes.  ^^  election.  The  parties  so  appointed  shall  at  the  close  of  the 
polls  collect  under  seal  the  votes,  certificates  and  poll  lists  so- 
designated  above  and  return  them  to  this  State  as  above  desig- 
nated. 


Style  of  ballot 
used. 


Section  13.  The  ballots  used  at  the  polls  herein  provided 
for  shall  be  the  style  of  ballot  used  in  this  State  just  prior  to  the 
adoption  of  the  Australian  ballot  system.  They  shall  be  uni- 
form as  to  size  and  color  of  paper.  Printed  lists  of  all  the  ofifi- 
List  of  nominees,  ^ers  nominated  by  the  different  political  parties  throughout  the 
State  shall  be  furnished  to  be  posted  at  each  polling  place  for 
the  convenience  of  the  voters. 


Registration 
officers  to  keep 
separate  list  of 
names  returned 
by  Auxiliary 
Registrar. 


Clerk  of  Peace 
to  furnish 
copies,  etc. 


Election 
messenger. 


Oath,  etc. 


Violation  of 

election  laws. 


Penalty. 


Compensation 
of  messenger. 


Double  ballots. 


Section  14.  The  registration  officers  of  this  State  shall 
keep  during  the  registration  of  voters,  separate  lists  of  all  those 
whose  names  that  have  been  registered  by  them  as  returned  for 
registering  by  the  Auxiliary  Registrar  provided  under  the  laws 
of  this  State,  for  the  registering  of  citizens  in  the  military  or 
naval  service  of  this  State,  or  of  the  United  States.  Copies  of 
such  lists  shall  be  furnished  the  Clerk  of  the  Peace  of  the  county 
and  he  shall  have  a  composite  list  of  all  such  names  made  and 
furnished  to  the  election  officers  at  the  polls  provided  for  in  this 
act.  He  shall  also  furnish  them  complete  lists  of  the  registra- 
tions of  the  county  in  order  that  the  name  of  any  soldier  may 
be  found  who  enlisted  since  having  registered  as  a  voter. 

Section  15.  The  persons  to  be  appointed  by  the  Governor 
in  Section  12  of  this  act,  shall  be  commissioned  by  him  as  Elec- 
tion Messenger  and  shall  take  their  commission  with  them  as 
evidences  of  authority  when  their  authority  is  questioned.  They 
shall  be  sworn  and  shall  qualify  as  other  election  officers. 

Section  16.  If  any  person  shall  at  the  elections  herein  pro- 
vided for  violate  the  election  laws  of  this  State  by  voting  or  at- 
tempting to  vote  more  than  once  at  any  election,  falsifying  the 
count  or  returns  in  any  manner,  they  shall  upon  conviction  be 
disfranchised  for  a  period  of  ten  years  from  the  date  of  such  con- 
viction. 

Section  17.  The  election  messenger  herein  provided  for 
shall  be  paid  a  per  diem  equivalent  to  that  paid  to  a  judge  of 
election  and  shall  be  allowed  and  paid  by  the  State  Treasurer 
such  sum  for  traveling  expenses  allowed  them  and  approved  by 
the  State  Auditor  upon  vouchers  of  necessary  expenditures  sub- 
mitted by  them. 

Section  18.  When  two  or  more  ballots  are  found  folded  or 
rolled  together  they  shall  be  adjudged  fraudulent  and  not  re- 
turned.    The  election  officers  shall  note,  in  their  returns,  the 


97 

number  of  rolls  or  folds  of  ballots  so  thrown  out  as  fraudulent^ 
in  order  to  account  for  any  discrepancy  between  the  number  of 
voters  reported  by  them  and  the  number  of  ballots  returned  by 
them. 

Section  19.     All  acts  or  par  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Approved  June  25,  1898. 


CHAPTER  393,    VOLUME  20. 

AN  ACT  to  provide  for  the  Purity  of  Primary  Elections  in   New  Castle 

County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  tnet  : 

Section  i.  A  primary  election  within  the  meaning  of  this  pHmaryeiec- 
act  is  an  assemblage  of  voters  who  are  members  of  any  political  tion  defined. 
party,  organization  or  association  duly  convened  for  the  pur- 
pose of  nominating  a  candidate  or  candidates  for  public  office, 
or  for  the  purpose  of  selecting  delegates  or  representatives  to 
any  political  convention  thereafter  to  be  held  for  the  purpose  of 
selecting  candidates  as  aforesaid,  which  at  the  last  general  elec- 
tion before  the  primary  election  polled  at  least  ten  per  centum 
of  the  entire  vote  of  the  State,  or  any  division  or  sub-division_ 
thereof,  for  which  the  nominations  are  made. 

Section  2.  That  all  primary  elections  hereafter  to  be  held"  -,  .  ,  ^.^ 
by  any  political  party,  organization  or  association,  for  the  pur-  °  ^  ^ 
pose  of  nominating  or  selecting  candidates  to  be  voted  for  at 
any  subsequent  election,  or  for  the  purpose  of  selecting  dele- 
gates or  representatives  to  any  political  convention  thereafter 
to  be  held  for  the  purpose  of  selecting  candidates  as  aforesaid, 
shall  be  by  ballot.  The  primary  election  for  any  political  party.  Through 
organization  or  association,  for  the  nomination  of  the  same  county 
class  of  candidates  to  be  voted  for  at  any  subsequent  election, 
or  for  the  selection  of  delegates  or  representatives  to  any  polit- 
ical convention  thereafter  to  be  held  for  the  purpose  of  select- 


out 

at  same: 


98 


Notice. 


No  two  parties 
on  same  day. 

Not  more  than 
two  days  for 
each  party. 


To  be  held  by 
board  of  election 


How  composed 
and  appointed. 


Inspector. 


Appointment 
of  judges. 


ing  candidates  as  aforesaid,  shall  be  held  in  the  several  hundreds 
at  the  same  time.  Notice  of  the  time  and  places  for  holding  all 
primary  elections  shall  be  given  by  publishing  the  same  once 
each  day  for  at  least  five  days  before  the  time  of  holding  the 
same,  in  one  or  more  daily  newspapers  printed  in  New  Castle 
County.  No  two  political  parties,  organizations  or  associations 
shall  hold  their  primary  election  on  the  same  day.  The  number 
of  days  that  shall  be  allowed  for  holding  primary  elections  to 
nominate  persons  to  be  voted  for  at  a  general  election  and  to 
nominate  persons  to  be  voted  for  at  municipal  elections  in  the 
City  of  Wilmington,  shall  not  exceed  two  for  each  political 
party,  organization  or  association  in  any  one  year. 

Section  3.  That  every  primary  election  hereafter  to  be  held 
by  any  political  party,  organization  or  association  for  the  pur- 
pose of  nominating  or  selecting  candidates  by  ballot  to  be  voted 
for  at  any  subsequent  election,  or  for  the  purpose  of  selecting 
delegates  or  representatives  to  any  political  convention  there- 
after to  be  held  for  the  purpose  of  selecting  candidates  as  afore- 
said, shall  be  held  by  a  Board  of  Election  officers  consisting  of 
one  inspector,  who  shall  be  a  judge  and  the  presiding  offtcer, 
and  two  other  judges  at  each  voting  precinct;  and  if  it  should 
so  happen  that  but  one  person  as  presiding  officer  or  judge 
should  have  been  appointed  by  such  political  party,  organiza- 
tion or  association  to  hold  such  primary  election,  or  having 
been  appointed  and  being  absent,  the  electors  there  present  at 
the  hour  appointed  for  opening  such  primary  election  shall  pro- 
ceed without  ballot  to  choose  from  among  the  qualified  voters 
of  the  election  district  there  present  a  presiding  officer,  judge 
or  judges,  as  the  case  may  require  and  in  choosing  such  presid- 
ing officer,  judge  or  judges,  two  qualified  voters  of  the  district 
to  be  nominated  and  appointed  by  the  electors  shall  be  the 
judge  or  judges. 

Section  4.  That  the  inspector  of  each  election  district  for 
all  primary  elections  hereafter  held  in  New  Castle  county,  (out- 
side the  City  of  Wilmington)  under  the  direction  of  any  political 
party,  organization  or  association  shall  be  the  person  who  was 
the  candidate  of  the  political  party,  organization  or  association 
holding  such  primary  election  for  the  office  of  inspector  at  the 
general  election  next  preceding  such  primary  election  ;  provided, 
that  in  cases  where  the  primary  election  is  held  without  regard 
to  the  division  of  any  hundred  into  election  districts  for  general 
election  purposes,  the  person  who  was  the  candidate  for  the 
office  of  inspector  as  aforesaid,  for  the  election  district  in  which 
the  place  of  voting  at  such  primary  election  is  situated  shall  be 
the  inspector  of  such  primary  election.  The  two  judges,  as 
provided  by  Section  three  of  this  act,  shall  be  appointed  by  the 


99 

regularly  organized  and  constituted  County  Committee  or  gov- 
erning authority  of  the  political  party,  organization  or  associa- 
tion holding  such  primary  election.     The  inspector  and  judges  inspector  and 
of  all  primary  elections  hereafter  held  in  the  City  of  Wilmington  ^vlfmington 
shall  be  appointed  by  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election,  from 
the  persons  designated  to  conduct  the  next  subsequent  general 
election.     The  term  of  office  of  said  inspectors  and  judges  shall  Terms  of  office. 
be  for  one  year.     Said  committee  or  governing  authority  shall 
designate  which  person  shall  act  as  inspector,  and  which  per- 
sons shall  act  as  judges  of  such  primary  elections.     The  persons 
so  appointed  shall  be  residents  of  the  primary  election  district  Qualifications, 
for  which  they  are  appointed.     In  all  cases  when  primary  elec- 
tion officers  are  appointed  as  herein  provided,  representations* 
of     the     interest     of       each     candidate     shall    be     as     nearly 
equally  divided  as  possible  as  to  the  board  of  election  officers. 
If  any  person  designated  in  this  section  to  be  inspector  of  any 
primary  election  shall  die,  remove  from  his  primary  election  dis-    ^'^^"'^^' 
trict,  or  be  for  any  reason  physically  unable  to  attend  in  his  pri- 
mary election  district  at  any  primary  election  held  by  his  politi- 
cal party,  organization  or  association,  then  the  regularly  organ- 
ized and  constituted  County  Committee  or  governing  authority 
of  the  political  party,  organization  or  association  holding  such 
primary  election  shall  appoint  an  inspector  to  fill  the  vacancy 
thereby  created.     If  any  political  party,  association  or  organi- 
zation  desires  to  hold  a  primary  election  for  the  purpose  of  ofl^ny  not 
.nominating  candidates  for  public  office,  and  there  is  no  recog-  [ifspec^tor" 
nized  member  of  said  political  party,  association  or  organization 
among  the  persons  designated  in  this  act  to  serve  as  inspectors 
and  judges  of  such  primary  elections,  or  not  a  sufficient  num- 
ber of  recognized  members  for  said  purpose,  then  the  regularly 
organized  and  constituted  County  Committee  or  governing  au- 
thority of  such  political  party,  association  or  organization  shall 
appoint  the  inspector  and  judges  to  hold  such  primary  election. 
In  case  of  refusal  or  neglect  on  the  part  of  any  person  desig-  „  ,    ,  , 

9  t^  -^     ^.    .  ,  ^  .  Refusal  of  ap- 

nated  by  this  act  or  appomted  pursuant  to  the  provisions  hereof  pointee  to  act. 
to  be  an  inspector  or  judge,  as  the  case  may  be,  of  any  primary 
election,  to  qualify  according  to  the  requirements  of  this  act,  or 
to  serve,  or  to  act,  he  shall  be  liable  to  a  penalty  of  two  hundred 
dollars,  recoverable  by  the  County  Treasurer  of  New  Castle  hTw  recovered. 
County,  by  civil  action  in  any  court  of  record,  in  the  name  of  the 
County  Treasurer  and  for  the  use  and  benefit  of  New  Castle 
county;  and  the  failure  on  the  part  of  any  such  person  to  com-  what  deemed 
ply  with  any  of  the  requirements    of    this    act,    preliminary  to  refusal, 
opening  the  polls,  or  to  attend  on  the  day  of  any  primary  elec- 

*So  enrolled. 


lOO 

tion  during  his  term,  unless  prevented  by  sickness  or  other  suffi- 
cient cause,  the  burden  of  proof  of  which  shall  be  upon  the  de- 
linquent, shall  be  deemed  a  refusal  within  the  meaning  of  this 
When  act.     The  election  officers  whose  appointment  is  provided  for 

appointed.         jp  ^j^jg  gectiou,  shall  be  appointed  at  least  two  weeks  before  such 
primary  election  is  to  be  held. 

Oathofcfficers.  Scction  5.     That  before  opening  the  election,  the  presiding^ 

officer  and  judges  shall  each  take  and  subscribe  an  oath  accord- 
ing to  the  following  form,  viz. ;  I  do  solemnly  swear  (or  affirm) 

that  in  the  primary  election  to  be  held  on  the 

day  of A.  D ,  I  will  not  knowingly  or  wil- 
fully receive  or  consent  to  the  receiving  of  the  vote  of  any  alien, 
and  also  that  I  will  not  receive  or  consent  to  the  receiving  of 
the  vote  of  any  person  whom  I  shall  believe  not  entitled  to  vote^ 
unless  my  associates  shall  adjudge  such  person  to  be  entitled  to 
vote.  That  I  will  not  receive  or  reject,  nor  concur  in  receiving 
or  rejecting  any  vote  through  partiality  or  under  bias  and  that 
I  will  determine  every  matter  that  shall  come  before  me  and 
perform  every  act  and  duty  by  law  required  of  me,  touching  the 
said  primary  election,  truly,  faithfully  and  impartially,  according 
to  the  best  of  my  skill  and  judgment;  that  I  will  cause  the  bal- 
lots that  shall  be  taken  at  said  primary  election  to  be  fully  read 
and  ascertained,and  a  true  statement  thereof  to  be  made, accord- 
ing to  the  best  of  my  knowledge  and  ability ;  that  I  have  not 
received,  nor  will  not  receive  directly  or  indirectly  from  or 
through  any  candidate  to  be  voted  for  at  said  primary  election, 
or  any  representative  of  any  such  candidate  or  other  person, 
any  money,  pay,  or  other  valuable  thing  or  reward ;  that  I  have 
not  been  promised,  or  in  any  manner  been  led  to  believe  that  I 
will  at  any  time  directly  or  indirectly  receive  any  money,  pay,  or 
other  valuable  thing  or  reward  from  such  candidate  or  repre- 
sentative of  such  candidate  or  other  person  other  than  that  pro- 
vided by  this  act,  and  if  I  shall  discover  any  partiality,  unfairness- 
or  corruption  in  the  conducting  of  the  said  primary  election,  1 
shall  disclose  the  same  to  the  executive  authority  that  shall  have 
directed  the  holding  of  the  said  primary  election,  and  to  the  At- 
torney General,  to  the  end  that  the  subject  may  be  investigated,, 
so  help  me  God  (or  so  I  solemnly  affirm.) 

Clerks.  vSection  6.     That  each  oi  the  said  judges,  after  being  duly 

qualified,  shall  choose  one  clerk  of  the  primary  election  to  be 
held,  to  whom  the  presiding  officer  or  one  of  the  judges  who  is 
hereby  authorized  to  adminster  the  same,  shall  on  the  day  of 
such  primary  election  administer  the  oath  or  affirmation,  which 

Oaths  ^^^^^  ^^  subscribed  as  follows,  viz. :     I  do  solemnly  swear  (or 

affirm)  that  as  clerk  of  this  primary  election  to  be  this  day  held, 
I  will  not  use  or  assent  to  any  falsehood,  fraud  or  deceit,  and 


lOI 

that  I  will  keep  the  polls  and  perform  my  duties  truly,  faithfully 
and  impartially,  so  help  me  God  (or  so  I  solemnly  affirm). 

Section  7.     That  the  regularly  organized  and  constituted  q^^jj^^^^j 
County  Committee  or  governing  authority  of  any  political  par-  primary  election 
ty,  organization  or  association  holding  such  primary  election  ° 
shall,  at  any  time  within  ten  days  of  the  day  that  the  first  pri- 
mary election    is    held    in    each    year    of    a    general  election, 
appoint  one  person  for  each  Levy  Court  district  in  New  Castle 
County  as  a  Qualifier  of  Primary  Election  Officers,  whose  duty  Appointment. 
dr  shall  be  to  administer  to  the  inspectors  and  judges  of  the  pri- 
mary elections  held  in  their  respective  districts  the  oath  or  affir- 
mation prescribed  in  Section  five  of  this  act,  and  shall  deliver 
to  the  chairman  of  the  committee  or  governing  authority  ap- 
pointing him  the  oaths  or  affirmations  subscribed  by  the  inspec- 
tors and  judges  as  aforesaid,  on  or  before  twelve  o'clock  noon 
■on  the  day  previous  to  such  primary  election.     Each  person  so 
appointed  shall,  upon  the  certification  by  the  chairman  of  the 
committee  or  governing  authority  appointing  him,  that  such 
person  has  performed  the  duties  required  of  him  by  this  act,  be 
paid  by  the  Levy  Court  of  the  county  in  which  he  shall  reside  Compensation. 
the  sum  of  ten  dollars. 

In  case  any  inspector  or  judge    is    chosen  by  the  electors  oath  of  officer 
present  at  the  time  of  opening  the  primary  election,  pursuant  da^°ofeie(.°ion 
•to  Section  three  of  this  act,  the  oath  or  affirmation  prescribed  in 
Section  five  of  this  act  shall  be  administered  to  the  inspector  How  ad- 
or  judge  so  chosen  by  any  officer  of  primary  elections  there  ■"'"'stered. 
•present  who  has  been  qualified     by    the     Qualifier  of  Primary 
Election  Officers,  the  said  officer  being  hereby  empowered  to 
adminster  said  oath  or  affirmation ;  and  in  case  there  is  no  such 
qualified  officer  there  present  the  said  oath  or  affirmation  shall 
be  adminstered  to  the  judges  by  the  presiding  officer,  and  by 
■one  of  them  to  him,  each  of  whom  are  hereby  empowered  and 
directed  to  adminster  such  oaths  or  affirmation. 

Section  8.     The  person  appointed  Qualifier     of     Primarv 
Election  Officers,  pursuant  to  the  provisions  of  Section  seven  °*'^  of  qualifier 
•of  this  act,  shall  within  two  days  after  the  appointment  and  be- 
fore entering  upon  his  duties,  take  and  subscribe  an  oath  (or 
affirmation)  according  to  the  following  form,  viz : 

I  do  solemnly  swear  (or  affirm)  that,  as  Qualifier  of  Pri- 
mary Election  Officers,  I  will  not  use  or  assent  to  any  false- 
hood, fraud  or  deceit,  and  that  I  will  perform  my  duties  truly, 
iaithfully  and  impartially,  so  help  me  God,  (or  so  I  solemnly 
:affirm). 


I02 


How  ad- 
ministered. 


Chairman  of 
County  Com- 
mittee may  ad- 
minister certain 
oaths. 

Failure  of 
qualifier  to  take 
oath. 

Misdemeanor. 
Punishment. 


Time  for  regis- 
tration in  N.  C. 
Co.  by  registrars 


By  board  of 
registration. 


Judges  of 
election  in  N.  C 
Co.  to  be  ap- 
pointed in  July. 


Other  acts  to  be 
performed  in 
July. 


Time  for  regis- 
tration in  Wil- 
mington. 


The  oath  or  affirmation  prescribed  in  this  section  shall  be  ad- 
ministered by  the  chairman  of  the  regularly  organized  and  con- 
stituted County  Committee  or  governing  authority  of  the  politi- 
cal party,  organization  or  association  for  which  said  Qualifier 
of  Primary  Election  Officers  was  appointed.  The  said  chair- 
man is  hereby  empowered  and  directed  to  administer  oaths  and 
affirmation  pursuant  to  the  provisions  of  this  act.  Any  person 
appointed  Qualifier  of  Primary  Election  Officers  who  shall  fail 
to  qualify  as  aforesaid,  shall  upon  conviction  therefor,  be  ad- 
judged guilty  of  a  misdemanor,  and  shall  be  punished  for  each 
such  offence  by  a  fine  not  exceeding  one  hundred  dollars. 

Section  9.  That  the  time  for  the  registrars  to  sit  alone  in 
New  Castle  county  (outside  of  the  City  of  Wilmington)  for  as- 
certaining and  registering,  under  the  provisions  of  Chapter 
thirty-eight,  Volume  nineteen,  Laws  of  Delaware,  the  persons 
who  are  or  may  become  qualified  to  enjoy  the  right  of  an  elec- 
tor at  the  general  election  shall  be  on  three  successive  Satur- 
days, beginning  with  the  first  Saturday  in  August  next  preced- 
ing the  general  election.  That  the  time  for  the  board  of  regis- 
tration, provided  for  by  Chapter  thirty-eight,  Volume  nineteen. 
Laws  of  Delaware,  to  sit  for  the  performance  of  the  duties  re- 
quired by  said  board  of  registration  under  existing  law,  shall 
be  on  the  last  Friday  and  Saturday  of  the  month  of  August  next 
preceding  the  general  election,  and  on  the  third  Saturday  of  the 
month  of  October  next  preceding  the  general  election.  In  or- 
der to  fix  and  ascertain  the  persons  who  are  to  be  the  associate 
officers  of  registration  in  and  for  New  Castle  County,  pursuant 
lo  Chapter  thirty-eight,  Volume  nineteen,  Laws  of  Delaware, 
the  two  judges  of  the  general  election  directed  to  be  chosen  by 
Section  eleven  of  Chapter  eighteen  of  the  Revised  Code,  shall 
continue  in  the  manner  directed  by  Section  fourteen,  of  Chapter 
thirty-eight.  Volume  nineteen,  Laws  of  Delaware,  except  that 
in  and  for  New  Castle  county  the  said  judges  shall  be  chosen  in 
the  month  of  July -instead  of  the  month  of  September  as  hereto- 
fore, and  all  the  duties  directed  to  be  performed  by  Section 
fourteen  of  Chapter  thirty-eight  of  Volume  nineteen.  Laws  of 
Delaware,  in  the  month  of  September,  shall  be  performed  in  the 
month  of  July  so  far  as  the  performance  of  said  duties  apply  to 
New  Castle  county. 

Section  10.  That  the  time  for  the  ascertainment  and  regis- 
tration, pursuant  to  the  provisions  of  Chapter  thirty-nine.  Vol- 
ume nineteen.  Laws  of  Delaware,  of  the  persons  residing  in  the 
City  of  Wilmington  who  are  or  may  become  qualified  to  enjoy 
the  right  of  an  elector  at  the  general  election,  shall  hereafter  be 
on  three  successive  Saturdays,  beginning  with  the  second  Sat- 
urday in  the  August  next  preceding  the  general  election,  and 


I03 

en  the  third  Saturday  in  the  October  next  preceding  the  general  inspectors  for 
election.  That  the  inspectors  of  election  for  the  City  of  Wilming-  Wilmington 
ton  shall  hereafter  be  appointed  by  the  Department  of  Elections  '^  °'" 
for  said  city  in  the  month  of  June  in  each  year  in  which  a  general 
election  is  held. 

Section  ii.  That  the  Sheriff  of  New  Castle  county  shall, 
in  addition  to  the  registers  and  things  he  is  now  required  by  voting  books  of 
law  to  furnish  to  the  registrar  of  each  hundred  or  election  dis-  foTpnmary'*" 
trict  of  his  county  (outside  of  the  City  of  Wilmington),  hereaf-  of  wnmin°gwu^^ 
ter,  before  the  first  day  of  any  registration  of  voters  of  said 
county  (outside  of  the  City  of  Wilmington)  made  under  the  pro- 
visions of  Chapter  thirty-eight,  Volume  nineteen,  Laws  of  Del- 
aware, as  amended  by  this  act,  prepare  and  furnish  two  books 
for  each  of  said  registrars  in  New  Castle  county  (outside  of  the 
City  of  Wilmington)  to  be  known  by  the  name  of  "Voting 
Books  of  Qualified  Voters  for  Primary  Elections,"  for  alpha- 
betical lists  of  all  persons  whose  names  may  be  entered  on  the 
registers  pursuant  to  Chapter  thirty-eight,  Volume  nineteen, 
Laws  of  Delaware.  Said  books  shall  be  ruled  in  parallel  col- 
umns and  so  arranged  as  to  admit  of  the  convenient  entry  in  al-  Entries, 
phabetical  order  of  the  name  of  every  person  who  may  be  en- 
tered on  the  register  aforesaid  as  a  "qualified  voter" 
or  "may  become  qualified  voter,"  and  in  the  parallel 
column  opposite  the  name  of  such  person  the  following 
particulars,  to  wit :  First,  his  residence  ;  second,  his  color*  ;  third, 
the  day  of  his  registration.  Said  books  shall  contain  six  paral- 
lel columns  for  the  entry  of  the  word  "voted,"  together  with  the 
date  of  voting.  When  any  registrar  or  board  of  registration, 
at  any  of  the  sittings  hereinbefore  provided,  shall  enter  in  his 
register  the  name  of  any  applicant  for  registration  as  a  "quali- 
fied voter"  or  "may  become  qualified  voter,"  he  shall  immedi- 
ately thereafter  enter,  in  the  presence  of  such  applicant,  if  he 
remains  in  attendance,  in  its  proper  alphabetical  place  in  the 
"Voting  Book  of  Qualified  \'oters  for  Primary  Elections"  here- 
inbefore provided  for,  the  name  of  such  applicant  and  also  his 
residence,'^  *  *  and  date  of  registration.  The.  said  two  "Voting 
Books  of  Qualified  Voters  for  Primarv  Elections"  shall  be  com-  „,  ,  . 

1  i~  -^1  11  r'  •  •  -1  J.1     ^o*^*^  compared 

pared  and  certified  on  the  last  day  of  registration  in  the  month  and  certified 
of  August,  in  the  same  manner  and  by  the  same  persons  as  now   °^' 
required  by  Section  fifteen  of  Chapter  thirty-eight.  Volume  nine- 
teen. Laws  of  Delaware.     It  shall  be  the  duty  of  the  registrar, 
within  one  secular  day  after  the  certification  by  the  board  of 
registration  as  herein  required,  to  deliver  to  the  Sherifif  of  New 
Castle  county,  who  shall  safely  keep  the  same,  the  two  "Vot- To  be  delivered 
ing  Books  of  Qualified  Voters  for  Primary  Elections"  required 
by  this  act. 

♦Amended.    See  Chapter  64,  Volume  XXII. 


I04 


Department  of 

Elections  to 
furnish  Voting 
Books  of 
Qualified  Voters 
for  Primary 
Elections  in 
Wilmington. 


Form. 


To  be  compared. 


•Corrections. 


•Certificate. 


Verified  by  oath. 


Books  to  be 
<delivered  to 
IJepartment  of 
Elections. 


Department  of 
Elections  to 
compare  and 
correct  books, 
when . 


Section  12.  That  the  Department  of  Elections  for  the  City 
of  Wihnington  shall,  in  addition  to  the  registers  and  things  they 
are  now  required  by  law  to  furnish  to  the  inspectors  of  elections 
in  said  city,  hereafter,  before  the  first  day  of  any  registration  of 
voters  of  said  city  made  pursuant  to  the  provisions  of  Chapter 
thirty-nine.  Volume  nineteen,  Laws  of  Delaware,  as  amended  by 
this  act,  prepare  and  furnish  to  the  inspectors  of  elections  in 
every  election  district  in  said  city,  now  existing  or  hereafter  cre- 
ated, two  "V^oting  Books  of  Qualified  Voters  for  Primary  Elec- 
tions," said  books  being  in  the  same  form  as  designated  in  Sec- 
tion eleven  of  this  act.  The  said  two  "Voting  Books  of  Quali- 
fied \^oters  for  Primary  Elections,"  shall  be  compared  by  the 
inspectors,  on  the  last  day  of  registration  in  the  month  of  Au- 
gust, to  see  that  they  agree  with  each  other  in  every  particular, 
and  also  with  the  register  to  see  that  every  name  entered  on 
the  register  as  a  "qualified  voter"  or  "may  become  qualified  vo- 
ter" is  entered  in  its  proper  alphabetical  place  on  each  of  the 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elections," 
together  with  the  residence,  color  and  date  of  registration.  And 
if  any  name  in  the  registers  which  ought  to  have  been  entered 
on  the  said  alphabetical  list  shall  have  been  omitted  therefrom, 
it  shall  be  the  duty  of  said  inspectors  to  enter  such  name  in  its 
proper  alphabetical  place  on  the  alphabetical  list,  together  with 
the  proper  entries  as  they  appear  on  the  said  registers.  And  it 
shall  be  the  further  duty,  in  such  comparison  of  the  alphabetical 
list  with  the  registers,  to  make  such  corrections  in  the  alphabet- 
ical lists  as  will  make  the  names  and  entries  appearing  on  the 
alphabetical  lists  agree  with  the  same  names  and  entries  as  en- 
tered on  the  registers.  It  shall  be  the  duty  of  the  said  inspec- 
tors, immediately  after  their  last  sitting  in  the  month  of  Au- 
gust, to  append  to  each  of  said  alphabetical  lists  of  "qualified 
voters"  contained  in  said  "Voting  Books  of  Qualified  Voters 
for  Primary  Elections"  a  certificate,  verified  by  the  oath  or  affir- 
mation of  the  inspectors,  or  at  least  two  of  them,  that  the  said 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections"  con- 
tain a  complete  list  of  the  "qualified  voters"  and  "may  become 
qualified  voters"  of  said  Election  District  as  the  same  are  enter- 
ed in  the  Registers  of  voters  of  such  election  district.  After  said 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elections" 
have  been  compared  and  certified. as  aforesaid,  the  said  incpec- 
tors  in  each  of  said  election  districts  shall,  immediately  after 
said  certification,  return  the  same  to  the  said  Department  of 
Elections. 

Section  13.  It  shall  be  the  duty  of  said  Department  of 
Elections  to  compare  and  correct  said  two  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections,"  at  any  time  before  the 
day  the  first  primary  election  is  held  in  the  year  of  a  general 


I05 

■election,  and,  when  it  shall  appear  by  any  date  in  their  posses- 
sion that  any  person  has  registered  in  more  than  one  election  person  having 
district,  they  shall,  upon  due  inquiry,  strike  his  name  from  the  twfce't^be 
said  "Voting  Books  of  Qualified  Voters  for  Primary  Elections"  stricken  oaf. 
of  any  and  all  election  districts  in  which  he  is  not  a  "qualified 
voter,"  and  shall,  opposite  his  name,  state  the  reason  therefor. 
Said  two  "Voting  Books  of  Qualified  Voters  for  Primary  Elec-  Disposition 
tions,"  in  each  election  district  of  the  City  of  Wilmington,  shall  ''*^°°^^- 
be  preserved  and  delivered  by  said  Department  of  Elections  as 
liereinafter  prescribed  and  directed. 

Section  14.     That  from  and  after  the  first  day  of  June,  A.  Terms  of 
D.  1898,  the  terms  and  powers  of  office  of  the  inspectors  of  elec-  fn^pecwrs 
tions  for  the  City  of  Wilmington,  who  shall  then  be  in  office,  lermi'MteT"" 
shall  be  and  the  same  are  hereby  declared  to  be  terminated  and  after  june 
■ended.  '' '  ^**' 

Section  15.     That  the  division  of  the  City  of  Wilmington  Division  of 
into  election  districts,  as  is  directed  by  sub  division  one  of  Sec-  ^nto'dismcts  to 
tion  three  of  Chapter  thirty  nine.  Volume  19,  Laws  of  Delaware,  be  by  June  i. 
shall  hereafter  be  made  on  or  before  the  first  day  of  June  in- 
stead of  on  or  before  the  first  day  of  September,  as  therein  pro- 
Tided. 

Section  16.     Every  inspector  of  any  primary  election,  poll  ^^^^^^^ 
clerk,  or  other  officer  or  person  having  the  custody  of  any  "Vot-  election 
ing  Book  of  Qualified  Voters  for  Primary  Elections,"  oath,  re-  election'  ^'^' 
turn  of  votes,  certificate,  poll  list,  or  any  paper,  document,  or  ^°°i^='  ^'^^ 
evidence  of  any  description  in  this  act  directed  to  be  made,  filed 
or  preserved,  who  is  guilty  of  stealing,  wilfully  destroying  muti- 
lating, defacing,  falsifying  or  fraudulently  removing  or  secreting 
the  whole  or  any  part  thereof,  or  who  shall  fraudulently  make 
any  entry,  erasure  or  alteration  therein,  except  as  allowed  and 
directed  by  the  provisions  of  this  act,  or  who  permits  any  other 
person  to  do  so  shall,  upon  conviction  thereof,  be  adjudged  Misdemeanor, 
guilty  of  a  misdemeanor  and  shall  be  punished  for  every  such 
offence  by  imprisonment  in  the  county  jail  for  a  period  not  ex-  Punishment, 
ceeding  two  years,  or  by  a  line  of  not  more  than  two  hundred 
dollars,  or  both. 

Section  17.     Every  person  not  an  officer,  such  as  is  men-  officer  com- 
tioned  in  the  last  preceding  section,  who  is  guilty  of  any  of  tlje  Tdvi's'ifg!'^ 
acts  specified  in  said  section,  or  who  advises,  procures  or  abets  o{%Tlngfu\^^'° 
the  commission  of  the  same,  or  any  of  them,  shall,  upon  convic-  acts. 
tion  thereof,  be  adjudged  guilty  of  a  misdemeanor,  and  for  ev- 
ery such  ofifence  shall  be  punished  by  imprisonment  in  the  coun-  Misdemeanor, 
ty  jail  for  a  period  not  exceeding  two  years,  or  by  a  fine  of  not  Punishment. 
•more  than  two  hundred  dollars,  or  both. 


io6 


Time  for 
holding 
primary 
elections. 


Time  for 
revision  of 
registration 
in  Wilmington. 


Duties  of 
Department  of 
Elections. 


Who  may 
vote  at 
municipal 
primary 
elections. 


Time  for 

opening 

polls. 


Time  for 
closing. 


Notice  of  desire 
to  hold  primary 
elections. 


Custodians  of 
voting  books  to 
furnish  same 
to  several  in- 
spectors. 


*Section  i8.  That  the  time  for  holding  any  primary  elec- 
tion shall  be  after  the  last  day  of  registration  in  the  month  of 
August,  for  the  ensuing  general  election  and  the  time  for  hold- 
ing primary  elections  in  the  City  of  Wilmington  to  nominate 
candidates  to  be  voted  for  at  a  municipal  election  shall  be  in 
the  month  of  Alay  after  the  day  for  the  revision  of  the  registra- 
tion of  voters.  The  time  for  the  revision  of  registration  of  voters 
in  the  City  of  Wilmington  for  municipal  elections  shall  be  and 
the  same  is  hereby  made  the  fourth  Saturdayprevious  to  the  day 
set  for  holding  the  election  for  municipal  officers  in  the  said  city. 
The  election  officers  and  the  members  of  the  Department  of 
Elections  for  the  City  of  Wilmington  in  addition  to  the  duties 
now  required  of  them  by  law  shall  revise  and  prepare  the  "Vot- 
ing Books  of  Qualified  Voters  for  Primary  Elections,"  as  herein 
provided  for  general  elections,  and  no  person  whose  name  does 
not  appear  on  the  said  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  shall  be  entitled  to  or  shall  be  permitted  to 
vote  at  a  primary  election  to  nominate  candidates  to  be  voted 
for  at  the  subsequent  municipal  election  in  the  City  of  Wilming- 
ton. The  time  for  opening  the  polls  for  the  purpose  of  conduct- 
ing a  primary  election  under  the  provisions  of  this  act  shall  be 
one  o'clock  in  the  afternoon,  and  the  time  for  closing  the  polls 
at  such  primary  election  shall  be  seven  o'clock  in  the  evening. 

tSection  ig.  That  whenever  a  political  party,  organization 
or  association  desires  to  hold  a  primary  election  for  the  purpose 
mentioned  in  Section  2  of  this  act,  the  chairman  or  secretary 
of  the  regularly  organized  and  constituted  County  Committee 
or  governing  authority  of  such  political  party,  organization  or 
association  shall  notify  by  letter  the  respective  parties  having 
the  custody  of  the  "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections"  in  this  act  provided,  of  their  intention  of  hold- 
ing a  primary  election,  stating  the  day  on  which  they  desire  the 
election  held,  which  notification  shall  b.e  at  least  tv/o  weeks  prior 
to  the  time  named  for  holding  such  primary  election.  If  no 
previous  notice  shall  have  been  received  by  the  said  parties 
from  no  other  political  party  of  their  intention  to  hold  a  primary 
election  on  that  day,  the  said  parties  shall,  on  or  before  twelve 
o'clock  of  the  day  for  holding  such  primary  election  for  that 
political  party,  organization  or  association,  deliver  the  two 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections'^ 
provided  for  in  this  act,  for  each  general  election  district  that 
may  be  contained  in  the  primary  election  district,  to  the  inspec- 
tor of  such  primary  election  in  the  hundred  or  election  district 
oi  the  county  to  which  such  "Voting  Books  of  Qualified  Voters 

♦Amended.    See  Chapter  285,  Volume  XXH. 
tAmended.     See  Chapter  285,  Volume  XXII. 


I07 

for  Primary  Elections"  shall  apply.     And  it  shall  be  the  duty  of  inspector  to 
the  said  inspector  to  have  the  same  at  the  place  of  holding  the  '^facVfoThow- 
primary  election  at  the  time  of  opening  the  polls  on  primary  ing  election, 
election  day.     If  any  inspector  shall  refuse,  neglect,  or  fail  to  Neglect. 
have  the  said  "Voting  Books  of  Qualified  Voters  for  Primary 
Elections,"  at  the  place  of  holding  the  primary  election  at  the 
time  designated  in  this  act,  he  shall,  upon  conviction  therefor, 
be  adjudged  guilty  of  a  misdemeanor,  and  shall  be  punished  for  Misdemeanor, 
each  such  ofifence  by  imprisonment  in  the  county  jail  for  a  per-  „    . , 
iod  not  exceeding  ninety  days,  or  by  a  fine  not  exceeding  one 
hundred  dollars,  or  both. 

Section   20.     The   qualification   of   electors   under  this  act  Method  of  re- 
shall  be  such  as  the  political  party,  organization  or  association  *^^"""^''°'"" 
authorizing  such  election  may  prescribe  and  publish,  and  in  de- 
fault of  any  prescribed  or  published  rule,  the  past  usages  of  such 
political  party  or  organization  shall  be  recognized  and  adopted, 
and-  ignorance  of  such  past  usages  shall  be  no  defence  against 
any  of  the  penalties  of  this  act.     As  each  person  shall  apply  to  Elector  shaii  not 
vote  at  any  primary  election,  *  the  officers  thereof  shall  exam-  election  ot  more 
ine  the  "Voting  Books  of  Qualified  Voters  for  Primary  Hiec- *^^"  °"^  p^^'^- 
tions"  provided  by  this  act,  and  if  they  find  thereon  the  name 
of  the  person  applying  to  vote,  and  be  satisfied  that  he  is  the 
person  whose  name  is  so  registered,  they  shall  enter  the  word 
"voted"  after  his  name,  and  such  voter  shall  not  be  permitted 
to  vote  at  any  succeeding  primary  election  held  by  any  other 
political  party,  organization  or  association.     The  entry  of  the  Entry  must 
word  "voted"  as  aforesaid,  shall  be  in  such  a  manner  as  to  in-  eieTdo^n  of %^a?" 
dicate  at  what  party  primary  election  the  voter  has  voted.     No  ^ofed^'^"""^ 
person  whose  name  is  not  contained  in  the  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections"  herein  provided  for,  whose  vote  re- 
shall  be  allowed  to  vote  or  participate  in  any  primary  election  ^"*'^'^- 
hereafter  held.     It  shall  be  the  duty  of  each  of  the  inspectors,  inspector  to  re- 
within  two  days  after  the  day  of  the  primary  election,  to  return  BookI°o'i  plr- 
the  "Voting  Books  of  Qualified  Voters  for  Primary  Elections,"  sons  from  whonx 
used  by  him  at  any  primary  election,  to  the  person  or  persons 
from  whom  he  received  the  same,  who  shall  preserve  them.     If 
any  inspector  shall  neglect,  refuse  or  fail  to  return  said  "Voting  Neglect. 
Books  of  Qualified  Voters  for  Primary  Elections,"  as  directed 
in  this  section,  the  said  inspector  so  neglecting,  failing,  or  re- 
fusing shall,  upon  conviction  therefor  be  adjudged  guilty  of  a  Misdemeanor, 
m.isdemeanor  and  shall  for  every  such  offence  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  or  by  imprisonment  in  ^""'siiment. 
the  county  jail  for  a  period  not  exceeding  one  year,  or  both. 

Section  21.     If  at  any  primary  election,  the  presiding  offi- officers  receiv- 
cer  and  judge  shall  knowingly  and  wilfully  receive,  or  advise,  or  Refismgiegat' 


vote. 


♦.Amended.     See  Chapter  285,  Volume  XXII. 


io8 


Penalty. 


Misdemeanor. 


Punishment. 


consent  to  the  receiving  of  the  vote  of  any  person  not  entitled 
to  vote  at  such  primary  election,  or  if  such  presiding  officer  or 
judge  shall  knowingly  and  wilfully  refuse  to  receive  the  vote  of 
any  person  entitled  to  vote  at  such  primary  election,  every  such 
presiding  officer  or  judge  shall,  for  every  such  offence,  forfeit 
and  pay  the  sum  of  one  hundred  dollars  to  any  person  who  will 
sue  for  the  same,  or  shall,  for  every  such  offence,  upon  convic- 
tion therefor,  be  adjudged  guilty  of  a  misdemeanor,  and  be  fined 
not  less  than  one  hundred  dollars,  and,  in  either  case,  be  im- 
prisoned until  the  fines,  forfeitures  and  costs  are  paid  in  full  or 
discharged  by  the  court. 


Voting  or  at- 
■tempting  to  vote 
illegally. 


■Keceiving  or 
soliciting  reward 


Voting  at  pri- 
mary election  of 
more  than  one 
.party. 


Attempting  any 
■unlawful  act. 


Influencing 
-voter. 


Influencing  offi- 
-cer  of  election 
■to  do  illegal  act. 


Section  22.  If  at  any  primary  election  hereafter  held  by 
any  political  party,  organization  or  association,  as  provided  in 
this  act,  any  person  falsely  personate  any  elector  or  other  per- 
son, and  vote  or  attempt  or  offer  to  vote  in  or  upon  the  name  of 
any  person,  whether  living  or  dead,  or  in  or  upon  any  false,  as- 
sumed, or  fictitious  name,  or  in  or  upon  any  name  not  his  own, 
or  shall  knowingly,  willingly  or  fraudulently  vote  more  than 
once  for  any  candidate  for  the  same  office,  or  shall  vote  in  any 
other  primary  election  district  than  the  one  in  which  he  is  a 
bona  fide  resident,  or  vote  or  attempt  to  vote  more  than  one 
ballot  at  any  primary  election  district,  or  shall  solicit  from  any 
candidate  or  from  any  other  person,  or  shall  receive,  directly 
or  indirectly,  from  such  candidate  or  from  any  other  person  any 
money,  or  promise  of  place  or  position,  or  any  valuable  consid- 
eration of  any  kind,  for  his  vote  or  support,  or  if  any  person 
shall  vote  at  the  primary  election  of  more  than  one  political 
party,  organization  or  association,  held  for  the  purpose  of  nom- 
inating or  selecting  a  candidate  or  candidates  to  be  voted  for  at 
any  subsequent  general  election,  or  for  the  purpose  of  selecting 
delegates  or  representatives  to  any  political  convention  thereaf- 
ter to  be  held  for  the  purpose  of  selecting  candidates  as  afore- 
said, before  any  one  general  election,  or  shall  vote  or  attempt  to 
offer  to  vote  in  any  primary  election  district,  or  having  once 
voted  shall  attempt  or  offer  to  vote  again,  or  shall  knowingly, 
wilfully  or  fraudulently  do  any  unlawful  act  to  secttre  an  oppor- 
tunity for  himself  or  for  any  other  person  to  vote,  or  shall  by 
force,  threat,  menace,  intimidation,  bribery  or  reward  or  offer 
to  or  promise  thereof,  or  otherwise  unlawfully  either  directly  or 
indirectly  influence  or  attempt  to  influence  any  elector  in  giving 
his  vote,  or  shall  promise  any  place  or  position  for  the  purpose 
of  securing  any  voter's  support  or  prevent  or  hinder  or  attempt 
to  prevent  or  hinder  any  qualified  voter  from  freely  exercising 
the  rights  of  suffrage,  or  any  such  means  induce  or  attempt  to 
induce  any  such  voter  to  refuse  to  exercise  any  such  right,  or 
shall,  by  any  such  means  or  otherwise,  compel  or  induce  or  at- 


I09 

tempt  to  compel  or  induce  any  inspector  of  any  primary  election 
or  other  officer  of  any  primary  election  in  any  primary  election 
district  to  receive  the  vote  of  any  person  not  legally  qualified  in,erf„ence 
or  entitled  to  vote  at  the  said  primary  election  in  such  district,  with  election, 
or  shall  knowingly,  wilfully  or  fraudulently  interfere  with,  de- 
lay or  hinder  in  any  manner  any  inspector  of  any  primary  elec- 
tion, poll  clerk  or  other  officer  of  any  primary  election  in  the 
discharge  of  his  duty,  or  by  any  such  means  or  other  unlawful 
means,  knowingly,  wilfully  or  fraudulently  counsel,  advise,  in- Advising  or  in- 
duce or  attempt  to  induce  any  inspector  of  any  primary  election,  fion"officef  to' 
poll  clerk  or  other  officer  of  any  primary  election,  whose  duty  "^g'«<=' *^'*  <^"'y- 
it  is  to  ascertain,  proclaim,  announce  or  declare  the  result  of  any 
such  primary  election,  or  to  give  or  make  any  certificate,  docu- 
ment, report,  return  or  other  evidence  in  relation  thereto, 'to  re- 
fuse or  neglect  to  comply  with  his  duty,  or  to  violate  any  law 
regulating  the  same,  or  to  receive  the  vote  of  any  person  in  any 
primary  election  district  not  entitled  to  vote  therein  or  to  refuse 
to  receive  the  vote  of  any  person  entitled  to  vote  therein,or  shall 
aid,  counsel,  or  advise,  procure  or  assist  any  voter,  person  or 
inspector  of  any  primary  election,  or  other  officer  of  such  pri- 
mary election,  to  do  any  act  by  law  forbidden,  or  in  this  act  con- 
stituted an  offence,  or  to  omit  to  do  any  act  by  law  directed  to 
be  done,  every  such  person  shall,  upon  conviction  thereof,  be 
adjudged  guilty  of  a  misdemeanor,  and  shall,  when  not  herein  Misdemeanor, 
otherwise  particularly  specified,  be  punished  for  every  offence 
by  imprisonment  in  the  county  jail  for  not  more  than  two  years.  Punishment, 
or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  both. 

Any  act  or  deed  declared  an  offence  by  the  general  laws  of  other  offence.-!, 
this  State  concerning  elections  and  not  herein  particularly  men- 
tioned, shall  also  be  an  offence  in  all  primary  elections,  and  shall 
be  punished  in  the  same  form  and  manner  as  is  provided  for  punishment. 
the  punishment  of  similar  offences  by  the  general  laws ;  and  all 
the  penalties  and  provisions  of  the  general  laws  shall  apply  in 
such  cases  with  equal  force,  and  shall  be  as  affective  as  though 
fully  set  out  in  this  act. 

Section  2^.     That  the  regularly  organized  and  constitu-       .      . 
ted  County  Committee  or  governing  authority  of  the  political  pdma^eiectioD 
party,  organization  or  association  holding  any  primary  election  ^'="''"- 
shall,  at  least  two  weeks  before  such  primary  election  is  held, 
determine  what  territory  shall  comprise  a  primary  election  dis- 
trict; provided,  that  such  primary  election  districts  shall  be  so  9.^"«.''^' ^•^"'°'* 

r  11  111  r  1         1  •  ■,■•!■  districts  not  to 

formed  that  the  whole  of  each  election  district  for  the  general  be  divided, 
election  shall  be  in  one  primary  election  district.     They  shall 
also  designate  the  place  for  holding  the  primary  election  in  each 
primary  election  district  and  secure  the  room  for  holding  the 
same.     Said  room,  in  all  cases  where  one  primary  election  dis- 


no 

Place  of  holding  trict  compriscs  more  than    one    general  election  district,  shall 
election.  ijg  jj^  ^j^g  general  election  district  where  the  greatest  number  of 

votes  were  polled  by  the  political  party,  organization  or  associa- 
Designation  of  tioii  holding  sucli  primary  election  at  the  general  election  next 
districts.  preceding  the  said  primary  election.     They  shall  also  designate 

where°  kfto^xicat-  cacli  of  Said  distHcts  by  appropriate  titles  or  distinctions.     No 
ing  liquors  are    primarv  clcctions  shall  be  held  vmder  the  provisions  of  this  act 

sold.  ;  -  ,      .,  ,.  ,  .  .        .         f.  .  ,  , 

in  a  place  or  building  where  intoxicating  liquor  is  sold. 

Neglect  of  De-  Scction  24.     If  the  Sheriff  of  New  Castle  county     or    the 

Etectionsor        m.cmbers  of  the  Department  of  Elections  for  the  City  of  Wil- 

VoTiif  BolTki'^'"^  "^^"8'^'-'"  shall  wilfully  neglect,  refuse  or  fail  to  deliver  to  each 

inspector  of  primar}^  elections  the  "Voting  Books  of  Qualified 

Voters  for  Primary  Elections"  in  his  or  their  custod}',  for  each 

general  election  district  that  may  be  contained  in  the  primary 

election  district  for  which  he  is  appointed,  then  in  that  case  the 

said  Sheriff  or  any  member  of  said  Department  of  Elections  so 

neglecting,  failing  or  refusing  shall,  upon  conviction  therefor. 

Misdemeanor.     i,q  adjudged  guilty  of  a  misdemeanor  and  shall  for  every  such 

Punishment.       offcncc  be  puuishcd  by  imprisonment  in  the  county  jail  for  a 

period  not  exceeding  one  year,  or  by  a  fine  of  not  more  than 

Forfeiture  of       two  hundred  dollars,  or  both,  and  such  conviction  shall  of  itself 

°  "'  work  a  forfeiture  of  his  office. 


eating  liquor. 

Misdemeanor 
Punishment. 


Taking  intoxi-  Scctiou  2^.     Whocvcr,  duriug  the  time  that  any  primary 

fnti"piac'^e"oP      clectiou  is  in  progress  in  any  primary  election  district  in  New 
election.  Castlc  couuty  or  during  the  time  the  ballots  cast  thereat  are  be- 

ing counted,  shall  bring,  take,  order  or  send  into,  or  attempt  to 
bring,  take  or  send  into  any  place  of  holding  any  primary  elec- 
tion, any  intoxicating  liquors  whatever,  or  shall  at  any  such 
Drinking  m^toxi-  time  and  place  drink  or  partake  of  any  such  intoxicating 
liquors,  he  or  they  shall,  upon  conviction  therefor  be  adjudged 
guilty  of  a  misdemeanor  and  shall  for  every  such  offence  be 
punished  by  a  fine  of  not  less  than  five  dollars,  and  not  exceed- 
ing ten  dollars. 

Ballot  boxes  to  Scction  26.     That  the  sheriff  of  New  Castle  county  shall 

e  provided.  providc  and  deliver,  or  cause  to  be  provided  and  delivered  to 
the  officers  at  every  polling  place  in  the  county  outside  of  the 
City  of  Wilmington  (and  the  Department  of  Elections  to  per- 
form the  same  duties  in  the  City  of  Wilmington),  where  a  pri- 
mary election  is  to  be  held,  a  ballot  box,  the  same  to  be  pro- 

Description.  yided  with  a  lock  and  key  ;  the  said  ballot  box  to  be  not  less  than 
twelve  inches  long,  nine  and  one-half  inches  wide,  and  nine  in- 
ches high  ;  both  sides  of  said  box  shall  be  entirely  of  clear  glass 
and  shall  have  a  lid  so  constructed  that  the  said  lid  will  slide 
with  ease.  The  lid  of  said  ballot  box  shall  have  an  opening  in 
the  top  not  more  than  one  inch  long  and  not  more  than  three- 


Ill 

.sixteenths  of  an  inch  wide ;  the  opening  to  be  entirely  enclosed 
with  iron,  steel  or  tin,  which  material  shall  be  securely  fastened 
to  the  lid.     He  shall  also  furnish  to  the  officers  holding  any  pri-  other  box. 
mary  election  a  box  of  sufficient  size  to  hold  the  ballots  cast  at 
such  primary  election. 

Section  27.     That  part  of  the  ballot  box  composed  of  glass  Baiiotbox 
shall  be  so  placed  during  the  time  that  any  primary  election  is  where  placed, 
in  progress  that  it  can  be  seen  at  all  times  by  the  persons  on  the 
outside  of  the  polling  places.     The  lid  of  the  ballot  box  shall  be 
securely  locked  during  the  time  that  the  primary  election  is  be- 
ing conducted,  and  shall    not    be     unlocked  until  the  polls  are  Locked  during 

■closed.  election. 

Section  28.     That  at  the  time  for  closing  the  polls  at  a  pri-  Number  of  votes 
mary  election  held  under 'the  provisions  of  this  act,  the  presid-  nounced  at  close 
ing  officer  shall  publicly  proclaim  in  a  clear  and  distinct  voice  °  ^'^'^"°"- 
the  number  of  votes  that  have  been  cast  at  such  primary  elec- 
tion as  shown  by  the  poll  books  kept  by  the  clerks.     lAfter  clos-  Reading  of  bal- 
ing the  polls     at     a  primary  election,  the  presiding  officer  and 
judges  shall  openly  and  publicly  remove  the  lid  of  the  box  con- 
taining the  ballots.     The  ballots  shall  be  taken  separately  from 
the  box.     One  of  the  judges  shall  keep  in  his  custody  the  said  Custody  of  same 
"box  while  the  other  judge  shall  publicly  in  the  presence  of  the 
watchers,  hereinafter  provided  for,  take  the  ballots  one  by  one 
from  the  box  and  read  the  same.     When  a  ballot  shall  be  read 
it  shall  be  submitted  to  each  of  the  other  judges  for  inspection 
and  put  in  the  other  box  directed  to  be  procured     in     Section 
twenty-four  of  this  act,  it  being  first  seen  that  the  said  box  is 
empty ;  two  clerks  at  least  shall  keep  an  accurate  account  of  the  cierks  to  keep 
ballots  as  they  are  read,  which  shall  be  done  on  the  tally  sheets  '^  ^ 
hereinafter  provided  to  be  furnished,  by  writing  the  name  of 
every  person  voted  for  in  the  margin  under  a  designation  of  the 
office  for  which  the  vote  is  given  to  him.     The  clerk  shall  make 
a  distinct  mark  with  a  pen  and  ink  in  the  row  opposite  such 
name  for  every  vote  such  person  shall  receive     for    the     same 
office.     At  the  close  of  the  canvass  of  the  ballots  cast  for  each  Result  of  can- 
candidate,  the  inspector  shall  publicly  announce  the  vote  and  nounced  when 
the  result  of  the  canvass.  '  '°"°'  """""'''"^ 

Section  29.     After  having  counted  the  ballots  cast  at  any  „  ,,    , 
primary  election,  the  officers  holding  such  election  shall  forth-  certificates  to  be 
with  fill  out  and  sign  two  tally  sheets  and  two  certificates,  here-  p'^p^"^'^ 
inafter  provided  to  be  furnished,  with  the  number  of  votes  in 
words  at  length  entered  thereon  that  have  been  cast  for  each 
and  every  candidate  at  such  primary  election,  and  the  exact  time 
that  said  canvass  was  completed.     One  of  said  certificates,  to- 
igether  with  one  of  said  tally  sheets  and  one  poll  list,  shall  be 


112 


Disposition  of 
same 


Disposition  of 
ballots 


Blank  tally 
sheets,  &c,  by 
whom  furnished 


Printed  instruc- 
tions to  officers 


Poll  books 


Voting 


When  requested 
number  of  votes 
cast  must  be  an- 
nounced. 


delivered  by  the  inspector  outside  of  the  City  of  Wilmington, 
on  the  first  secular  day  following  such  primary  election,  to  the 
chairman  of  the  regularly  organized  and  constituted  County 
Committee  or  governing  authority  of  the  political  party,  organ- 
ization or  association  holding  such  primary  election.  One  of  said 
certificates,  together  with  one  of  said  tally  sheets  and  one  poll 
list,  shall  be  delivered  by  the  inspectors  in  the  City  of  Wilming- 
ton to  the  chairman  of  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election,  with- 
in one  hour  from  the  time  that  the  canvass  of  the  votes  has  been 
completed.  The  said  ballots,  after  having  been  counted,  shall 
be  deposited  in  the  box  furnished  for  that  purpose,together  with 
the  other  said  certificates,  tally  sheets  and  poll  lists.  The  lid  of 
said  box  shall  be  secured  by  tape  crossed  and  sealed  in  sealing 
wax  by  one  of  the  judges  not  being  the  inspector,  and  shall  be 
delivered  by  the  inspector  on  the  first  secular  day  following  such 
primary  election,  to  the  Sheriff  of  New  Castle  county,  who  shall 
make  such  disposition  of  the  same  as  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority  of 
the  political  party,  organization  or  association  holding  such  pri- 
mary election  may  direct.  The  Regularly  organized  County 
Committee  or  governing  authority  of  the  political  party,  organ- 
ization or  association  holding  any  primary  election  shall  fur- 
nish at  every  polling  place  in  the  county  where  a  primary  elec- 
tio  is  to  be  held,  blank  tally  sheets,  blank  certificates,  blank  poll 
books  and  stationery  sufficient  for  the  use  of  the  officers  hold- 
ing such  primary  election.  They  shall  also  furnish  to  the  pri- 
mary election  officers  printed  instructions  of  the  parts  of  this 
act  that  in  the  judgment  of  the  said  committee  is  necessary  for 
the  proper  performance  of  their  duties. 

Section  30.  The  poll  books  used  at  any  primary  election 
hereafter  held  shall  have  every  line  therein  numbered,  com- 
mencing with  the  figure  i,  and  continuing  serially.  On  offering 
to  vote  at  a  primary  election  the  voter  shall  deliver  to  the  pre- 
siding officer  a  single  ballot  containing  the  name  or  names  of 
the  person  or  persons  for  whom  he  desires  to  vote.  He  shall  an- 
nounce his  name  and  residence,  and,  if  he  is  qualified  as  here- 
tofore provided,  his  vote  shall  be  received  and  deposited  in  the 
ballot-box  having  the  glass  sides,  and  his  name  and  residence 
entered  on  the  poll  book  on  the  line  directly  opposite  the  first 
unoccupied  number  in  order  that  the  election  officers  may,  at 
any  time  during  the  progress  of  the  primary  election  know  the 
exact  number  of  votes  that  have  been  cast.  The  election  offi- 
cers of  such  primary  election  shall  at  any  time  announce  to  any 
person  who  is  in  the  act  of  voting  and  so  inquiring,  the  number 
of  votes  that  have  been  cast  up  to  that  time. 


113 

Section  31.     The  Sheriff  of  New  Castle  county  shall  furnish  Ropeorchain' 
at  every  polling  place  where  a  primary  election  is  held,  outside  eaA  votriig^^'* 
of  the  City  of  Wilmington,  and  the  Department  of  Elections  to  place, 
perform  the  same  duty  in  the  City  of  Wilmington,  two  pieces  of 
rope  or  chain.     The  officers  holding  such  primary  election  shall 
place  the  said  rope  or  chain  at  a  distance  not  less  than  six  feet 
on  either  side  of  the  window  or  door  where  a  primary  election  is 
held  ;the  said  rope  or  chain  shall  be  at  least  twelve  feet  in  length,  How  used 
and  shall  be  at  least  twenty-four  inches  from  the  ground  and 
shall  so  remain  during  the  time  such  primarv  election  is  in  pro-  „ 

-NT  1111  •  11         '         1        •       -1  r         •  1  ^°  ^""^  permit- 

gress.     ho  person  shall  be  permitted  to  be  on  the  mside  of  said  ted  within  en- 
rope  or  chain  excepting  to  cast  his  ballot,  after  which  he  shall  "vote  ^""^^^"^ 
immediately  retire.     Any  person  violating     the     provisions  of 
this  Section  shall,  upon  conviction  therefor,  be  adjudged  guilty  violation 
of  a  misdemeanor,  and  shall  for  every  such  offence  be  punished 
bv  a  fine  of  ten  dollars. 


Punishment 


lers 


Section  32.  That  each  candidate  for  nomination  at  any  w^t^he 
primary  election  hereafter  held  shall  have  the  right  to  appoint 
one  qualified  elector  as  watcher,  who  shall  be  entitled  to  be  in 
the  room  where  such  primary  election  is  held,  from  the  com- 
mencement to  the  close  of  such  primary  election  and  signing  of 
tiie  certificaies  thereof.  If  any  person  appointed  watcher  shall 
so  conduct  himself  as  to  interfere  with  the  progress  of  any  pri-  mfsconducr 
mary  election  he  may,  upon  complaint  made  by  the  primary 
election  officers  to  the  chairman  of  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  pri- 
mary election,  or  to  any  member  thereof  from  die  hundred 
wherein  such  interference  occurs  at  the  direction  of  the  said 
chairman  or  member  aforesaid,  be  removed  from  the  room 
where  such  primary  election  is  being  held,  and  the  candidate 
whose  representative  the  watcher  so  removed  was  shall  be- 
without  representation  during  the  continuance  of  said  primary 
election.  If  any  person  shall  exclude  or  attempt  to  exclude  any  Attempt  to  ex- 
elector,  except  in  the  manner  hereinbefore  provided,  who  has  mUd'emeanoT 
been  appointed  watcher,  from  the  room  where  any  primary 
election  is  being  held,  he  shall,  upon  conviction  therefor,  be  ad- 
judged guilty  of  a  misdemeanor,  and  shall  for  every  such  of- 
fence be  punished  by  a  fine  of  one  hundred  dollars,  or  by  im- 
prisonment in  the  countv  jail  for  a  period  not  exceecfinp-  nihetv  r,      .. 

^,  ,        ,  -     •'  ^  o  J    Punishment 

days,  or  both. 

Section  t,t,.     That  any  recognized  member  of  the  political  challenge  on 
party,  organization  or  association  in  whose  inte.rest  any  primary  "'°^^ 
election  is  held,  may  challenge  the  right  of  any  person  offering 
to  vote  at  such  primary  election ;  and  the  board  of  election  offi-       .  . 
cers  holding  the  same  shall  determine  wdiether  the  person  so 


114 


May  require 
oath  of  voter 


Form 


After  oath  vote 
to  be  received 


Decision  on 
challenged  vote 
not  to  delay 
other  voters 


Challenging  vote 
for  delay 
misdemeanor 


Punishment 


Powers  of  elec- 
tion officers 


Compensation  ot 


offering  is  entitled  to  vote,  and  shall  receive  or  reject  such  vote, 
as  the  evidence  for  or  against  the  right  of  the  person  to  vote 
shall  warrant.  The  ofificers  may,  of  their  own  motion,  or  in 
case  of  challenge  if  there  be  doubt  of  the  propriety  of  receiving 
the  offered  vote,  required  of  the  person  so  offering  to  vote,  his 
oath  or  affirmation,  which  shall  be  administered  by  the  presid- 
ing officer,  who  is  hereby  authorized  to  administer  the  same  in 
the  following  form,  viz :  Do  you  solemnly  swear  (or  afifirm) 
that  you  are  a  legally  qualified  voter  under  the  rules     of     the 

party  authorizing  this  primary  election ;  that 

you  will  be  legally  qualified  to  vote  at  the  following  election  for 
which  candidates  are  now  being  selected  to  be  voted  for;  that 
you. are  at  this  time  a  bona  fide  resident  of  this  primary  election 
district ;  that  you  have  not  voted,  or  you  will  not  vote  at  any 
other  voting  place  this  day ;  that  you  have  not  voted  or  you  will 
not  vote  at  the  primary  election  of  any  other  political  party,  or- 
ganization or  association  held  for  the  purpose  of  nominating  or 
selecting  candidates  to  be  voted  for  at  the  ensuing  election,  so 
help  you  God  (or  so  you  solemnly  affirm.)  After  the  voter  has  ta- 
ken the  said  oath  or  affirmation,  the  ballot  of  such  voter  shall  be 
received  and  deposited  in  the  ballot  box ;  and  if  any  person  offer- 
ing to  vote  at  any  primary  election  decline  to  make  the  oath 
or  afifirmation  demanded,  his  vote  shall  be  rejected.  If  at  the 
time  a  person  proposes  to  vote  he  is  challenged  and  there  are 
several  persons  waiting  their  turn  to  vote,  said  challenged  per- 
son shall  stand  to  one  side  until  unchallenged  voters  have  had 
an  opportunity  to  vote,  when  his  case  shall  be  taken  up  and  dis- 
posed of;  Provided,  that  if  any  person  shall  challenge  a  qualified 
voter,  resident  of  such  primary  election  district,  well  known  as 
a  member  of  the  political  party,  organization  or  association 
holding  such  primary  election,  for  the  purpose  of  annoying  or 
delaying  voters  he  shall,  upon  conviction  therefor,  be  adjudged 
guilty  of  a  misdemeanor,  and  shall  for  each  and  every  such  of- 
fence be  punished  by  a  fine  of  one  hundred  dollars,  or  b}'  impris- 
onment in  the  county  jail  for  a  period  not  exceeding  six  months, 
or  both. 

Section  34.  That  each  of  the  officers  of  any  primary  elec- 
tion hereafter  held  is  clothed  with  the  powers  and  duties  of  a 
county  constable,  and  is  required  to  see  that  good  order  is  pre- 
served at  such  election,  and  may  arrest  and  present  for  commit- 
ment to  any  'justice  of  the  peace  any  and  all  persons  guilty  of 
any  unlawful  conduct. 

Section  35.     The  compensation  of  the  oiBcers  and  clerk 


election  officers  for  holding  primary  elections  under  the  provisions  of  this  act 
shall  be  two  dollars  and  fifty  cents  for  each  judge  and 'clerk  and 
three  dollars  for  each  inspector  at  each  primary  election  so  held. 


115 

The  expenses  for  holding  primary  elections  under  the  provi-  How  paid 
sions  of  this  act  including  stationery,  pay  of  officers  and  clerks, 
shall  be  paid  by  the  Levy  Court  of  the  county  wherein  such  pri- 
mary election  is  held  to  nominate  persons  to  be  voted  for  at  a 
subsequent  general  election  and  by  the  Mayor  and  Council  of 
Wilmington  in  any  year  when  a  primary  election  is  held  in  the 
City  of  Wilmington  to  nominate  officers  to  be  voted  for  at  the 
subsequent  municipal  election  in  the  said  city. 

Section  36.     If  any  person  appointed  to  hold    a    primary  Election  officer 
election  shall  conduct  such  election  in  violation  of  any  of  the  f"ing  uniawfui- 

•    ■  I-      1    •  11  •         1  1  •  1   'y  ni^y  be 

provisions  of  this  act,  the  regularly  organized  and  constituted  removed 
County  Committee  or  governing  authority  of  the  political  party, 
organization  or  association  holding  such  primary  election  is 
hereby  empowered  and  directed  to  remove  such  officer  or  offi- 
cers and  substitute  others  in  their  stead,  and  the  person  so  sub- 
stituted shall  take  the  oath  or  affirmation  prescribed  by  Section  substitutes 
five  of  this  act,  which  said  oath  or  affirmation  shall  be  adminis- 
tered by  any  qualified  inspector  or  judge  who  is  hereby  author- 
ized to  administer  the  same. 

Section  37.     In  all  cases  the  candidate  receiving  the  highest 
number  of  votes  shall  be  declared  the  nominee  of  the  political  who  declared 
party,  organization  or  association  holding  such  primary  election.  ""'"'"^  ^ 
In  case  of  death,  resignation  or  removal  of  any  candidate  sub-  vacancy 
sequent  to  a  nomination  the  political  party,  organization  or  as- 
sociation in  which  such  vacancy  exists,  shall  provide  the  man- 
ner in  which  such  vacancy  shall  be  filled. 

Section    38.     The    regularly    organized    and    constituted 
County  Committee  or  governing  authority  of  the  political  party,  ^crrtained"*" 
organization  or  association  holding     any     primary  election  is 
hereby  empowered  to  calculate  the  aggregate  number  of  all  the 
votes  that  shall  have  been  cast,  in  all  the  hundreds  of  the  coun- 
ty or  any  subdivision  thereof,  for  every  person  voted  for  for  any 
one  office  at  such  primary  election,  and  to  declare  the  candidate 
■or  candidates  in  cases  where  candidates  for  more  than  one  office 
are  to  be  nominated,  receiving  the  highest  number  of  votes  the 
nominee  or  nominees  of  such  political  party,  organization  or  as- 
sociation for  the  office  for  which  he  was  voted  for  at  such  pri- 
mary election.     In  all  cases  of  a  tie  vote  or  of  contests,  the  reg-  Tie  votes  of 
ularly  organized  and  constituted  County  Committee  or  govern-  contests 
ing  authority  of  the  political  party,  organization  or  association 
holding  at  such  primary  election  shall  have  the  power  to  hear 
and  determine  such  contests,  and  to  decide  who  shall  be  entitled  "'"*'  ^^'''^^^ 
to  the  nomination.     The  proceedings  in  such  cases  shall  be  in  Form  of 
such  form  and  manner  as  the  said  committee  or  governing  au-  P'-o^ed'nss 
4:hority  shall  determine  upon.     Before  entering  upon    the    dis- 


ii6 


charge  of  the  duties  set  forth  in  this  section  the  members  of  the 
committee  or  governing  authority  aforesaid,  shall  be  sworn  by 
a  notar}'  public  to  faithfully  and  honestly  discharge  the  duties 
herein  imposed  and  the  failure  upon  the  part  of  any  member  of 
the  said  committee  or  governing  authority  to  discharge  such 
duties  faithfully  and  honestly  shall  be  deemed  a  misdemeanor,- 
and  the  person  so  offending  shall  upon  conviction  therefor,  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  live  hun- 
dred dollars,  and  be  imprisoned  in  the  county  jail  for  a  period 
of  not  less  than  sixty  days  nor  more  than  one  year. 


Printing  of 
ballots; 


Form  of  ballot 


How  voted 


Section  39.  That  the  ballots  used  at  any  primary  election 
hereafter  held  shall  be  printed  by  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  primary 
election.  The  names  of  all  candidates  for  nomination  for  the 
same  office  shall  be  placed  under  the  title  of  said  office,  the  sur- 
name of  candidates  to  be  placed  in  alphabetical  order  and  shall 
not  be  separate  one  from  another  by  any  other  matter.  Where 
there  are  several  candidates  for  the  nomination  for  the  same 
office,  the  elector  shall  indicate  his  choice  by  crossing  out  the 
name  of  all  the  candidates  except  those  for  whom  he  desires  to 
vote,  and  in  case  an  elector  has  omitted  to  cross  out  the  names 
on  his  ballot  as  aforesaid,  the  said  ballot  shall  not  be  counted 
for  any  such  candidate  or  candidates.  Any  person  desiring  to 
be  voted  for  as  a  candidate  for  nomination  at  any  primary  elec- 
urbe°vofS'?o"r^  ^io"  hereafter  to  be  held  shall  notify  the  regularly  organized  and 
must  notify  constitutcd  County  Committee  or  governing  authoritv  of  the 
political  party,  organization  or  association  of  which  he  is  a 
member  in  writing  of  such  desire  at  least  ten  days  before  such 
Ballots  printed  primary  election  is  to  be  held.  The  said  ballots  shall  be  printed 
and  ready  for  distribution  at  least  five  days  before  the  day  of 
such  primary  election. 


when 


Act  not  applica- 
ble to  election  of 
delegates  to 
National 
Convention 


^Section  40.  That  the  provisions  of  this  act  shall  not  ap- 
ply to  any  primary  election  held  for  the  election  of  delegates  to 
any  State  convention  called  for  the  purpose  of  electing  dele- 
gates or  representatives  to  any  national  political  convention ; 
Provided,  however,  that  the  regularly  organized  County  Com- 
mittee or  governing  authority  of  the  political  party,organization 
or  association  by  or  for  which  the  primary  election  is  held  for 
the  election  of  delegates  to  any  State  convention  held  for  the 
Such  election  to  clcction  of  delegates  to  any  national  political  convention,  shall 
be^at  expense  of  jjear  the  cxpcnsc  for  conducting  such  primary  election  as  set 
forth  in  this  Section.  And,  provided  further,  that  the  said  gov- 
erning authority  ordering  or  issuing  the  call  for  a  primary  elec- 


*Amended.     See  Chapter  286,  Volume  XXII. 


117 

tion  to  elect  delegates  or  representatives  to  any  State,  county  aiso  election  of 
or  citv  convention,  shall  bear  all  the  expense  incurred  by  reason  delegates  to 

.  -  ,  .  '■  J  other  conven- 

of  such  election.  tions 

Section  41.     That  this  act  shall  apply  solely  to  New  Castle  Act  applicable  to 
county,  and  the  laws  now  in  force  prohibiting  the  sale  of  intox-  n.  c.  Co.  only 
icating  liquors  on  the  day  of  any  general,  special  or  municipal  Saieofimoxica- 
election  are  hereby  excepted,  and  shall  not  apply  to  any  election  pro^hiSt'eTon"' 
contemplated  by  this  act.  "  election""''''^ 

Passed  at  Dover,  ]\Iay  2'j,  1897. 


I 


r 


ii8 


CHAPTER  285,    VOLUME  22. 

AN  ACT  to  amend  Chapter  393  of  Volume  20,  Laws  of  Delaware,  the' 
same  being  "An  Act  to  provide  for  thr  Purity  of  Primary  Elections  on* 
New  Castle  County,"  giving  the  right  to  all  Qualified  Voters  at  the 
General  Election  to  vote  at  the  subsequent  Municipal  Primary  Election 
in  the  City  of  Wilmington. 

Be  it  enacted  by  the  Seriate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met,  {two-thirds  of  each 
bra7ich  concnrriiig)  : 

Section  i.  That  Section  i8,  Chapter  393,  of  Volume  20-, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  all  of  said  Section  after  the  number  "18"  in  the  first  line, 
and  inserting  in  lieu  thereof  the  following : 

Time  for  holding  That  the  time  for  holding  any  primary  election  shall  be  af- 

primary  election  .  .ir^i  r  •..••1  1         ^a  r  , 

ter  the  hrst  day  of  registration  m  the  month  of  August,  for  the 
ensuing  general  election,  and  the  time  for  holding  primary  elec- 
tions in  the  City  of  Wilmington  to  nominate  candidates  to  be 
voted  for  at  a  municipal  election  shall  be  in  the  month  of  May 
after  the  day  for  the  revision  of  the  registration  of  voters.     The 

utradon""'^'^^^'  ^^"^^  ^o^  ths  revision  of  the  registration  of  voters  in  the  City  of 
Wilmington  for  Municipal  elections  shall  be  and  the  same  is 
hereby  made  the  fourth  Saturday  previous  to  the  day  set  for 
holding  the  election  for  municipal  officers  in  the  said  city.     The 

Department  of    members  of  the  Department  of  Elections  for  the  City  of  Wil- 

Elections.  .  .  .  ..   .       ^  .         .       .  .,.,-',. 

Duties  of  mmgton,  in  addition  to  the  duties  now  required  of  them  by  law^ 

shall  demand  of  the  Clerk  of  the  Peace  of  New  Castle  County 
between  the  fifth  and  tenth  of  April  of  any  year  in  which  a 
municipal  election  is  held,  and  it  shall  be  the  duty  of  the  said 
Clerk  of  the  Peace,  to.  deliver  to  the  said  Department  of  Elec- 
tions for  the  City  of  Wilmington,  within  two  days  after  said  de- 
mand, the  original  "Voting  Books  of  Qualified  Voters"  and 
"Registers"  for  all  the  election  districts  in  the  City  of  Wilming- 
ton ;  and  it  shall  be  the  duty  of  the  Department  of  Elections  for 
the  City  of  Wilmington  to  revise  and  prepare  the  "Voting 
Books  of  Qualified  Voters"  as  provided  for  General  Elections, 
^I^m^unicfpT*  ^"d  all  persons  and  only  they  whose  names  appear  on  the  said 
primary  election  "Votiug  Books  of  Qualified  Votcrs"  shall  be  entitled  to  vote  at 
a  primary  election  to  nominate  candidates  to  be  voted  for  at 
the  subsequent  municipal  election  in  the  City  of  Wilmington,. 

*So  enrolled. 


119 

nor  shall  any  person  whose  name  is  on  the  said  "Voting  Books 
of  Qualified  Voters"  be  disqualified  from  voting  at  the  municipal 
election  or  be  compelled  to  register  because  of  the  fact  that  he 
failed  to  vote  at  the  previous  general  election.     The  time  for  ^, 

,1       r  1  r  1         •  1  •  1  ime  f  or  optn- 

openmg  the  polls  for  the  purpose  of  conductmg  the  primary  ing  poiu. 
election  under  the  provisions  of  this  Act  shall  be  one  o'clock  in 
the  afternoon,  and  the  time  for  closing  the  polls  at  such  primary  Time  for  closing 
election  shall  be  seven  o'clock  in  the  evening. 

Section  2.  That  Section  i8,  Chapter  393,  of  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  of  said  Section  after  the  number  "19"  in  the  first  line  of 
said  Section,  and  inserting  in  lieu  thereof  the  following: 

"That  whenever  a  political  party,  organization  or  associa-  ....     ,  ,  . 

.  ,      ,  ,  ^    .  '^.       •'.'         y  Notice  of  desire 

tion  desires  to  hold  a  primary  election  for  the  purpose  men- to  hold  primary 
tioned  in  Section  2  of  Chapter  393,  the  chairman  or  secretary  of  ^'""°"- 
the  regularly  organized  and  constituted  county  or  city  commit- 
tee or  governing  authority  of  such  political  party,  organization  chaiman  or 
or  association,  shall  notify  by  letter  the  respective  parties  hav-  Secretary  of  pol- 
ing the  custody  of  the  "Voting  Books  of  QuaHfied  Voters  for  notrfyras't^dLns 
Primary  Elections"  or  the  "Voting  Books  of  QuaHfied  Voters"  ^f voting  Books, 
in  this  Act  and  in  Chapter  393,  Volume  20,  Laws  of  Delaware, 
provided,  of  their  intention  of  holding  a  Primary  election,  stat- 
ing the  day  on  which  they  desire  the  election  held,  which  notifi-  Notification- 
cation  shall  be  at  least  two  weeks  prior  to  the  time  for  holding  to'^eiectlon.^'^'"' 
such  primary  election.     If  no  previous  notice  shall  have  been 
received  by  the  said  parties  from  no  other  political  party  of  its 
intention  to  hold  a  primary  election  on  that  day,  the  said  party 
shall,  on  or  before  twelve  o'clock  of  the  day  for  holding  such 
primary  elections  for  that  political  party,  organization  or  asso- 
ciation, deliver  the  two  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  provided  for    in     Chapter  393,  Volume  20,  i^g  Books°.*  ^°'' 
Laws  of  Delaware,  in  case  of  a  County  Primary  Election,  or  the 
two  "Voting  Books  of  Qualified  Voters"  in  case  of  a  Municipal 
primary  election,  for  each  general  district  that  may  be  contained 
in  the  primary  election  in  the  hundred  or  election  district  of  the 
County  or  of  the  City  of  Wilmington  to  which  such  "Voting 
Books  of  Qualified  Voters  for  Primary  Elections"  or  "Voting 
Books  for  Qualified  Voters"  shall  apply.     And  it  shall  be  the 
duty  of  the  said  inspector  to  have  the  same  at  the  place  of  hold-  Duty  of  inspec- 
ing  the  primary  election  at  the  time  of  opening  the  polls  on  pri- 
mary election  day.     If  any  inspector  shall  refuse,  neglect  or  fail  Neglect, 
to  have  the  said  "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections"  at  the  place  of  holding  the  primary  elections 
for  any  general  or  special  election  in  the  County,  or  the  "Vot- 
ing Books  for  Qualified  Voters,"  at  the  place  of  holding  the  pri- 
mary election  for  any  municipal  election  in  the  City  of  Wilming- 


I20 


Misdemeanor. 


Penalty. 


Voters  to  vote  at 
the  primary  elec- 
tion ol  only  one 
political  party. 


Qualification  of 
■voters. 


Inspectors  to  re- 
turn books  to 
Clerk  of  the 
Peace. 


Neglect  of  duty. 

Misdemeanor. 
Penalty. 


ton,  at  the  time  designated  in  this  Act,  he  shall,  upon  conviction 
therefor,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  be 
punished  for  each  such  offence  by  imprisonment  in  the  county 
jail  for  a  period  not  exceeding  ninety  days,  or  by  a  fine  not  ex- 
ceeding one  hundred  dollars,  or  both. 

Section  3.  That  Section  20,  Chapter  393,  of  Volume  20, 
Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by  strik- 
ing out  all  of  said  Section  after  the  words  "Primary  Election" 
in  the  eighth  line  of  said  Section  and  inserting  in  lieu  thereof 
the  following :  "For  any  general  or  special  election  in  the 
county,  the  officers  thereof  'shall  examine  the  "A^oting  Books 
of  Qualified  Voters  for  Primary  Elections"  provided  by  Chap- 
tei  393,  Volume  20,  Laws  of  Delaware,  and  as  each  person  shall 
apply  to  vote  at  any  primary  elections  held  for  any  municipal 
election,  the  officer  thereof  shall  examine  the  "Voting  Books  of 
Qualified  Voters"  provided  by  this  Act,  and  if  they  find  thereon 
the  name  of  the  person  applying  to  vote  and  be  satisfied  that  he 
is  the  person  whose  name  is  so  registered,  they  shall  enter  the 
word  "voted"  after  his  name  and  such  voter  shall  not  be  per- 
mitted to  vote  at  any  succeeding  primary  election  held  for  that 
particular  election,  by  any  other  political  party,  organization  or 
association.  The  entry  of  the  word  "voted"  as  aforesaid  shall 
be  in  such  a  manner  as  to  indicate  at  what  party  primary  elec- 
tion the  voter  has  voted.  No  person  whose  name  is  not  con- 
tained in  the  "'Voting  Book  of  Qualified  Voters  for  Primary 
Elections", shall  be  allowed  to  vote  or  participate  in  any  primary 
election  for  any  general  or  special  County  election  hereinafter 
held,  and  no  person  whose  name  is  not  contained  in  the  "Voting 
Books  of  Qualified  Voters"  shall  be  allowed  to  vote  or  partici- 
pate in  any  primary  election  for  any  municipal  election  hereafter 
held.  It  shall  be  the  duty  of  the  inspector  within  two  days  af- 
ter the  day  of  the  primary  election  to  return  the  said  "Voting 
Books  of  Qualified  Voters  for  Primary  Elections"  or  "Voting 
Books  of  Qualified  Voters,"  used  by  him  at  any  primary  elec- 
tion, to  the  person  or  persons  from  whom  he  received  the  same, 
who  shall  preserve  them,  and  in  case  of  the  "Voting  Books  of 
Qualified  Voters,"  within  ten  days  after  they  have  been  re- 
turned to  the  Department  of  Elections  for  the  City  of  Wilming- 
ton, the  said  Department  shall  deliver  the  said  Book  and  Reg- 
isters to  the  Clerk  of  the  Peace  of  New  Castle  County,  taking 
from  them  a  receipt.  If  any  inspector  shall  neglect,  refuse  or 
fail  to  return  said  "Voting  Books"  as  directed  in  this  section, 
the  said  Inspector  so  neglecting,  failing  or  refusing  shall,  upon 
conviction  therefor,  be  adjudged  guilty  of  a  misdemeanor  and 
shall  for  every  such  offense  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars  or  by  imprisonment  in  the  county  jail  for 
a  period  not  exceeding  thirty  days,  or  both. 


121 

Section  4.  That  Section  24,  of  Chapter  393,  Volume  20, 
I^aws  of  Delaware,  be  and  the  same  is  hereby  amended  by  in- 
serting after  the  word  "Elections"  in  the  fifth  line  of  said  Sec- 
tion the  following-  words :  or  "Voting  Books  of  Qualified  Vo- 
ters," and  to  further  amend  said  Section  by  inserting  after  the 
word  "appointed,"  in  the  seventh  line  of  said  Section  the  fol- 
lowing words:  "or  the  Clerk  of  the  Peace  shall  lawfully  neglect,  Neglect  of  cierk 

*-*  -  o  '  Qf  tj^g  Peace 

refuse  or  fail  to  deliver  to  the  Department  of  Elections  for  the 
City  of  Wilmington  the  said  "Voting  Books  of  Qualified  Vo- 
ters," and  to  further  amend  the  said  Section  by  inserting  after 
the  word  "Elections"  in  the  ninth  line  of  said  Section  the  fol- 
lowing words :  "or  the  Clerk  of  the  Peace  of  New  Castle 
County." 

Section  5.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
;this  Act  are  hereby  repealed. 

Approved  March  24,  A.  D.  1903. 


122 


State  Conven 
tions. 


CHAPTER  286,    VOLUME  22. 

AN  ACT  to  amend  an  Act,  entitled  "An  Act  to  provide  for  the  Purity  of 
Primary  Elections  in  New  Castle  County." 

Be  it  eyiaded  by  the  Senato.  aiid  House  of  Represeyitatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Section  i.  That  Section  40,  of  Chapter  393,  Volume  20,  of 
,.  ,,  the  Laws  of  Delaware,  be  and  the  same  is  hereby  amended  by 
to  National  or  inserting  between  the  word  "National"  and  the  word  "Political" 
in  the  fourth  line  of  said  Section,  the  words  "or  State."  That 
Section  40  be  further  amended  by  inserting  between  "National" 
in  the  ninth  line  of  said  Section,  and  the  word  "political"  in  the 
tenth  line  of  the  same  Section,  the  words  "or  state."  That  Sec- 
tion 40  be  further  amended  by  striking  out  the  word  "State"  in 
line  fourteen  of  said  section,  between  the  word^  "any"  and  the 
"County"  of  said  Section. 

Section  2.  That  the  provisions  of  Chapter  393,  Volume  20, 
of  the  Laws  of  Delaware,  as  hereby  amended,  be  and  the  same 
are  hereby  re-enacted. 

Approved  March  26,  A.  D.  1903. 


' 


123 


OTHER   LAWS 
Concerning  Elections. 


CHAPTER  i6,  REVISED  CODE. 

Section  i.     At  all  elections  for  State  or  county  officers,  the  Amended, chap- 
electors  shall  vote  within  the  hundreds,  wards,  precincts,  or  elec-  ter  26  volume 

...  .  ,    .    ,        ,  1       11  •        1  .11  '7-   PlaceofVot- 

tion  districts    in    which  they  shall  respectively  have  resided  at  ing. 
least  fifteen*  days  immediately  prior  to  the  time  of  voting,  and 
not  elsewhere. 

Section  2.     In  all  elections,  unless  it  is  otherwise  expressly  Plurality  elects, 
provided,  a  plurality,  or  the  highest  number  of  votes,  shall  make 
a  choice,  except  where  this  principle  is  defeated  by  two  persons 
having  the  same  number  of  votes  for  the  same  office. 

Section  3.  In  all  questions  of  residence,  arising  under  the  Residence,  rule, 
provisions  of  the  fourth  article  of  the  amended  Constitution,  the  ^^ "' 
following  rule  shall  be  observed ;  that  if  any  person,  having  re- 
sided within  the  State  shall  actually  remove  to  another  place 
out  of  the  State,  with  an  intention  of  remaining  there  for  an  in- 
definite time,  as  a  place  of  present  domicile,  he  shall  lose  his 
qualification  of  residence  within  the  State,  notwithstanding  he 
may  entertain  a  floating  intention  to  return  at  some  future 
period.  The  same  principle  shall  be  applied  to  removals  from 
one  place  to  another  within  the  State. 

Section  4.     In  reading  out  the  ballots    at    any  election,  a  Double  votes, 
double  vote,  that  is  to  say,  two  or  more  ballots  voted  together 
by  the  same  person  shall  not  be  counted  or  tallied,  but  both  of 
the  ballots,  comprising  such  double  vote  shall  be  rejected. 

Section  5.     If  in  reading  out  the  ballots  at  any  election^  a  Amendement 
ballot  shall  be  found  to  contain  the  names  of  more  persons  vo-  '^^^'p-  ■♦^''  "^°'- 
ted  for,  for  any  office,  than  by  law  ought  to  be  voted  for,  for 

*See  Section  2,  Article  V  of  Constitution. 


124 


Election  officers 
,powers. 


such  office,  such  part  of  the  ballot  shall  be  rejected  and  the  resi- 
due shall  be  read. 

Section  6.  The  presiding-  officer  of  an  election  shall,  from 
the  opening  of  the  same  until  all  the  duties  and  proceedings  con- 
necetd  therewith  are  fully  completed,  have  povv'er  to  command 
the  peace,  and  to  require  sureties  of  the  peace  from  any  person 
disturbing  the  election  or  the  officers  thereof  in  the  performance 
of  their  duties,  and  to  commit  to  prison  for  refusal  or  neglect  to 
find  such  surety ;  and  all  officers  and  other  persons,  are  required 
required'to"  obey  to  obcy  the  lawful  couimauds  of  such  presiding  officer  in  this  be- 
presi  mgo  cer.  j^^j^   ^^^^  j^^  dcfault  thcrcof,  sucli  officcr,  or  other  person,  shall 

r  allure,  I'lne  '  ....  jr  ' 

g5o.  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay  a 

fine  of  fifty  dollars. 


'Officers  and 
other  persons 


Justice  of  the 


Section  7.     Every  justice  of  the  peace 


shall 


elections. 

Constable  to 
attend. 


fec^torsTo^'a'tte'nd  attend  at  the  place  of  holding  an  election  in  the  hundred  in 
which  he  shall  reside,  from  the  opening  until  the  close  of  such 
election ;  and  every  constable  shall  attend  at  the  place  of  holding 
an  election  in  his  hundred,  and  shall  there  continue  from  the 
opening  of  such  election  until  all  the  votes  cast  thereat  shall  be 
read  and  tallied,  and  the  certificates  of  such  election  signed,  and 
(if  it  be  at  a  general  election)  the  ballot  box  sealed.    , 

Duty  of  collect-  and  it  shall  be  the  duty  of  every  justice  of  the  peace  and  consta- 
andTu"dce  of  t)le  to  take  care  that  the  peace  be  kept,  and  that  the  election  be 
the  peace.  not  interrupted  or  disturbed. 

Penalty  for  If  any  justicc  of  the  peace,  *  "^^  *  or  constable,  shall  refuse 

neglect  of  duty.  ^j.  neglcct  to  perfonii  the  duties  by  this  section  enjoined  upon 
him,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  for- 
feit and  pay  a  fine  of  one  hundred  dollars. 

Wilmington.  At  clectious  licld  ill  Wilmington  hundred,  the  mayor  and 

alderman  of  the  city  of  Wilmington  shall  perform  the  duties  by 

Duty  of  officers,  this  scction  cnjoiiied  upon  justices  of  the  peace,  subject  to  the 
same  penalty  for  default  therein. 

Election  officers  Scction  8.     If  any  inspector,  collector,  assessor,  or  other 

ncgfc-ct  of  duty.  Presiding  officer,  judge,  or  clerk  of  an  election,  or  if  a  clerk  of 
the  peace,  sheriff,  coroner,  prothonotary  or  other  officer  presid- 
ing at  a  board  of  canvass,  shall  neglect  to  perform  any  duty  by 
the  election  laws  of  this  State  enjoined  upon  them  respectively; 
or  shall  use  any  falsehood,  fraud  or  deceit,  or  be  guilty  of  any 
corruption,  or  misbehavior,  in  performing  any  of  the  said  du- 
ties ;  such  officer,  so  offending,  shall  for  every  such  ofifence,  for- 
Jso'to''?5<^°^  feit  a  sum,  not  less  than  fifty  nor  more  than  five  hundred  dol- 
lars, to  any  person  who  will  sue  for  the  same. 


12  = 


This  section  shall  not  extend     to     any  offence  or  default  proviso, 
against  which  any  fine,  forfeiture,  or  penalty  is  expressly  pro- 
vided by  any  other  section  of  the  chapter. 

Section  9.  If,  at  any  election,  the  presiding  ofBcer  or  a  judge  Penalty  for  re- 
of  the  election,  shall  knowingly  and  wilfully  receive,  or  advise  votesllzoo  fine" 
and  consent  to  the  receiving,  of  the  vote  of  any  person  not  enti- 
tled to  vote  at  such  election ;    or     if     such  presiding  officer,  or 
judge,  shall  knowingly  and  wilfully  refuse  to  receive,  or  advise 
and  concur  in  refusing  to  receive,  the  vote  of  any  person  enti- 
tled to  vote  at  such  election,  every  such  presiding  officer,  or 
judge,  shall  for  every  such  offence,  forfeit  and  pay  the  sum  of 
two  hundred  dollars  to  any  person  who  will  sue  for  the  same ; 
or  such  presiding  officer,  or  judge,  shall  for  every  such  offence, 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  not  less 
than  fifty  nor  more  than  two  hundred  dollars.     Both  the  afore-  550 10^200  fine. 
said  penalties  shall  not  be  incurred  for  the  same  offence ;  and  a  Proviso, 
conviction  upon  an  indictment,  or  a  judgment  in  an  action  of 
debt,  may  be  pleaded  in  abatement  of  the  alternative  proceed- 
ing.    But  in  all  cases,  an  offender  under  this  section,  shall  be 
further  liable  to  be  indicted,  and  punished,  as  in  other  cases,  for  pg^jury 
wilful  or  corrupt  perjury  in  having  violated  his  oath  or  affirma- 
tion as  such  presiding  officer  or  judge. 

Section  10.     If  any  presiding  officer  of  an  election,  sheriff, 
or  other  person,  shall  wilfully  destroy,  secrete,  conceal,  embez-  ^^certificate  of^' 
zle  or  purloin,  or  in  any  manner  counterfeit,  alter,  or  vary,  any  election. 
certificate  of  election,  either  of  a  hundred,  or  of  a  county,  or 
shall  wilfully  do  any  act  or  thing  Avhereby  to  prevent  any  such 
certificate  from  being  duly  produced,  returned,  or  delivered,  ac- 
cording to  law ;  such  presiding  officer,  sheriff  or  other  person, 
shall,  for  every  such  offence,  be  deemed  guilty     of     a     misde-  penalty,  jjsoo 
meanor,  and  shall  forfeit  and  pay  a  fine  of  five  hundred  dollars,  fi"^- 

Section  11.     If  any  person,  not  entitled  to  vote,  shall  vote, 
or  offer  to  vote,  at  any  election,  or  if  any  person  shall  vote  or     ^^^ 
offer  to  vote,  in  a  hundred  in  which  he  shall  not  at  the  time  of 
such  voting  or  offering  to  vote  reside ;  or  if  any  person,  having 
voted  once,  shall  vote,  or  offer  to  vote,  a  second  time  at  the 
same  election,  either  in  the  same,  or  in  an  other  hundred;  or  if 
any  person  shall  fraudulently  deliver,  or  offer,  to  the  presiding 
officer  of  an  election,  more  than  a  single  ballot ;  every  person, 
so  offending,  shall  for  every  such  offence,  forfeit  and  pay  the 
sum  of  one  hundred  dollars  to  arn,^  person  who  will  sue  for  the  penalty,  sioo. 
same ;  or  the  person  so  offending  shall,  for  every  such  offence, 
forfeit  and  pay  to  the  State  a  fine  of  not  less  than  fifty  dollars,  Penalty,  550  to. 
nor  more  than  five  hundred  dollars.     Both  of  the  aforesaid  pen-  ^^°°\ 
alties  shall  not  be  incurred  for  the  same  offence,  and  a  corrvic-  ^''°'"^°- 


126 


Penalty. 


tion  upon  an  indictment,  or  a  judgment  in  an  action  of  debt, 
may  be  pleaded  in  abatement  of  the  alternative  proceeding. 

Bribery.  Section  12.     If  any  person  shall  give,  offer  or  promise,  any 

money,  goods,  chattels  or  other  thing  or  matter,  or  release,  or 
ofifer  to  release  any  debt,  or  obligation  by  way  of  bribe,  gift, 
benefit  or  reward,  for  the  purpose  or  with  the  object  of  influen- 
cing any  elector  in  giving  his  vote,  or  in  refusing  to  vote,  or  in 
absenting  himself  from  the  polls  at  any  election;  or  if  any  candi- 
date for  office  at  an  election,  shall,  at  such  election,  influence  or 
attempt  to  influence,  any  elector,  in  giving  or  withholding  his 
vote  or  in  absenting  himself  from  the  polls  by  any  of  the  means 
aforesaid,  or  by  offering  to  serve  in  such  office  for  nothing,  or 
for  a  less  allowance  than  that  prescribed  by  law ;  every  such 
person  or  candidate  shall,  for  every  such  offense,  forfeit  and  pay 
the  sum  of  two  hundred  dollars,  one-half  thereof  to  be  for  the 
use  of  the  State,  and  the  other  half  thereof  for  the  person  who 
will  sue  for  the  said  penalty ;  and  further,  any  person  or  candi- 
date so  offending,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  by  indictment,  shall  be  imprisoned  in 
the  public  jail  of  the  county  wherein  such  offence  may  be  com- 
mitted for  a  term  of  not  less  than  one  and  not  more  than  nine 
months ;  and  for  the  term  of  two  years  next  after  said  convic- 
tion such  person  shall  forfeit  the  right  of  an  elector ;  and  if  any 
candidate  for  office,  so  offending  as  aforesaid,  shall  be  elected, 
his  office  shall,  upon  his  conviction  for  such  offence  as  afore- 

Disquaiification.  said,  bc  vacatcd,  and  he  be  rendered  incapable  of  serving  there- 
in for  the  term  for  which  he  shall  have  been  elected. 


Imprisonment. 


Forfeiture. 


Amended  Vol. 
17.  Chap.  26, 
Accepting  bribe 
misdemeanor. 


Forfeiture. 


Proviso. 


Informers  not 
indictable. 


And  if  any  person  shall  accept  or  receive  any  thing  so 
given,  offered  or  promised  as  above,  with  the  intent,  purpose 
and  object  in  this  section  specified,  such  persons  shall  also  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall,  for  the  period  of  four  years  from  such  conviction,  forfeit 
all  the  rights  and  privileges  of  an  elector,  and  in  case  of  a  sec- 
ond or  subsequent  conviction,  for  a  like  offence,  shall  forfeit  all 
the  rights  and  privileges  of  an  elector  for  the  period  of  eight 
years  from  the  date  of  any  such  conviction,  and  shall  also,  dur- 
ing the  period  of  such  disfranchisement,  be  incompetent  to  serve 
as  a  juror.  Provided,  however,  that  when  any  person,  a  party 
to  such  prohibited  transactions,  shall  inform  against  the  other 
party  thereto,  and  shall  give  evidence  against  such  other  party 
upon  a  trial,  the  person  so  testifying  shall  not  be  indicted  for 
that  offence. 


Betting. 


Section  13.  If  any  person,  either  before  or  pending  an 
election,  or  during  the  reading  and  tallying  of  .the  votes  cast  at 
an  election,  shall,  for  himself,  or  for  another  or  others,  lay  any 


127 

-wager  or  bet  on  the  result  of  such  election,  or  on  the  election 
>oi  defeat  of  any  candidate  or  person  voted  for  at  such  election, 
■every  person  so  offending  shall,  for  every  such  offence,  forfeit  penalty, 
and  pay  to  any  person  who  will  sue  for  the  same,  double  the 
amount  of  such  wager  or  bet,  or  double  the  value  of  the  thing 
betted.  The  stakeholder  shall,  in  all  cases,  be  a  competent  wit-  '^^""^*^- 
ness  to  prove  such  illegal  wager. 

Section  14.  If  any  stakeholder,  or  person  with  whom  any 
money  or  thing,  so  illegally  betted,  shall  be  deposited,  shall  at  On  stakeholder, 
any  time,  either  before  or  after  such  bet  shall  have  been  decided, 
pay  over  or  deliver,  to  either  or  both  the  persons  betting  the 
same,  or  to  any  other  person  by  the  order  or  for  the  use  of 
them,  or  either  of  them,  the  money  or  thing  so  illegally  betted, 
every  such  stakeholder  or  depositary,  shall  be  liable  to  the  same 
forfeiture  to  which  the  person  betting  may  be  liable  under  the 
next  foregoing  section ;  either  of  the  persons  betting  shall  be 
competent  witnesses  against  such  stakeholder.  witness. 

Section  15.     If  any  person  shall,  on  the  day  of  an  election,  Breaches  of  the 
•or  during  the  reading  and  tallying  of  the  votes,  at  any  place  vc^^e. 
where  such  election  is  held,  or  within  one  mile  thereof,  commit 
an  assault  and  battery ;  or  if  any  person  shall  interrupt  or  dis- 
turb the  election,  or  the  officers  thereof,  or  any  of  them,  in  the 
performance  of  any  of  their  duties,  either  in  receiving,  reading 
or  tallying  the  votes,  or  shall  interrupt  or  disturb  the  Inspec- 
tors and  Sheriff,  or  other  presiding  officer,  when  assembled  as 
a  board  of  canvass,  in  performing  any  of  the  duties     of     such 
T^oard,  every  such  person  shall,  for  every  such  offence,  be  liable 
to  be  held  to  surety  of  the  peace,  and  on  failure  to  give  such 
surety  forthwith,  to  be  committed  to  prison,  and  shall  further  Penalty,  gio  to 
forfeit  and  pay  to  the  State  a  fine  of  not  less  than  ten  dollars  nor  ' 
more  than  one  hundred  dollars. 

Section  16.     If  any  person  shall,  on  the  day  of  an  election,  staiufor  sale  of 
or  on  the  day  next  before  or  after  such  day,  make,  set  up,  or  ^''i"°''  ""'^wfui. 
have,  any  booth,  stall,  or  other  temporary  convenience,  for  the 
purpose  of  selling  anv  spirituous,  vinous,  malt,  or  other  intoxi-  Selling  liquor 

.•I-  1    '11         11  ,  ,  •    •,  prohibited. 

catmg  liquors,  or  shall  sell,  or  expose    to    sale,  any  spintous, 

vinous,  malt  or  other  intoxicating  liquors,  at  any  place  where 

such  election  shall  be  held,  or  within  two  miles  thereof,  or  upon 

any  highway,  or  road  leading  thereto ;  every  such  person  shall, 

for  every  such  offence,  forfeit  and  pay  to  the  State  a  fine  of  p«"^''>' ^^°  fi"^- 

twenty  dollars  ;  and  it  shall  be  the  duty  of  every  justice  of  the 

peace  or  constable,  residing  in  any  hundred,  to  abate  or  remove  ^uty  of  officers. 

any  such  booth,  stall,  or  other  temporary  convenience,  so  set 

up  or  used  in  such  hundred  in  the  manner  and  for  the  purpose 

aforesaid,  and  to  hold  the  person  so  having  or  using  such  booth. 


128 


Volume  14, 
Chapter  418, 
Section  14.     Un- 
lawful to  sell  in- 
toxicating liq- 
uors on  the  day 
of  election. 


Misdemeanor. 
Fine. 


Forfeiture  of 
license. 


stall,  or  Other  temporary  convenience,  to  surety  of  the  peace^. 
and  in  default  of  such  surety  being  immediately  given,  to  com- 
mit such  person  to  prison ;  and  every  justice  of  the  peace,  or 
constable,  shall  have  authority  to  command  the  assistance  of 
any  citizen  or  citizens,  in  the  premises.  No  record  need  be 
made  of  the  abating  or  removing  of  any  booth,  stall,  or  tempo- 
rary convenience  as  aforesaid ;  but  this  section  and  the  truth 
of  the  case  may  in  any  suit  be  given  in  evidence  under  the  gen- 
eral issue.  *  *  *  *  And  no  person  licensed  to  sell  liquor  shall, 
sell,  give  away,  or  dispense  any  intoxicating  liquors  on  the  day 
of  any  general,  special,  or  municipal  election  within  one  mile  of 
the  place  where  the  same  is  held,  and  such  day  shall  be  reck- 
oned from  the  midnight  before  till  the  midnight  after  such  elec- 
tion ;  and  any  person  violating  this  provision,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  forfeit  and 
pay  a  fine  of  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars, and,  if  holding  a  license  under  this  act,  shall  forfeit  the 
same  in  addition  to  such  fine,  and  be  incapable  of  receiving  a  li- 
cense for  the  space  of  two  years  thereafter. 


Militia  not  to  be 
called  out. 


Penalty,  §1,000. 


Special  bail  in 
suits  for  penal- 
lies. 


Section  22.  If  any  officer  or  other  person,  shall  call  out 
or  order  any  of  the  militia  of  this  State  to  appear,  exercise,  or 
muster  on  the  day  of  any  election,  or  within  ten  days  before  any 
general  election,  or  three  days  before  any  special  election  or 
election  for  assessor  and  inspector,  or  within  three  days  after 
either  of  such  elections,  except  in  case  of  invasion  or  insurrec- 
tion, every  such  officer  or  other  person  shall  for  every  such 
(page  142)  ofifence,  forfeit  and  pay  to  the  State  a  fine  of  one 
thousand  dollars. 

Section  23.  In  every  suit,  or  action  for  a  forfeiture,  or 
penalty,  under  the  foregoing  provisions  (except  in  cases  cog- 
nizable before  a  justice  of  the  peace)  special  bail  may  be  re- 
quired of  the  defendant  in  double  the  sum  of  such  forfeiture,  or 
penalty,  upon  affidavit  of  the  person  suing,  or  of  any  credible 
person  for  him,  setting  forth  the  facts  on  the  ground  whereof 
such  forfeiture  or  penalty  shall  have  been  incurred. 


129 


CHAPTER  487,    VOLUME  12. 

AN  ACT  further  to  Protect  the  Free  Exercise  of  the  Elective 

Franchise. 

Section  i.     That  if  any  person  who  is  a  duly  quahfied  elec-  obstructions 
tor  of  this  State,  according  to  the  constitution  and  laws  thereof,  and  interference. 
shall  hereafter  be  prevented  from  voting  or  obstructed  in  his  ef- 
fort to  vote  at  any  election,  by  reason  of  any  interference  by 
any  person  or  persons,  or  military  power,  or  other  power,  ex- 
ercising or  attempting  to  exercise  force,  intimidation  or  threats, 
or  requiring  any  qualifications  or  conditions  unknown  to  such 
constitution  and  laws,  he  shall  be  deemed  and  taken  to  have  suf- 
fered private  damage  and  injury,  and  shall  have  civil  remedy 
therefor  in  the  courts  of  this  State,  by  action  of  trespass,  or  on 
the  case,  according  to  the  nature  of  the  interference,  against  all 
and  every  person  or  persons  who  promoted  such  interference,  civii  action  for 
whether  by  active  participation  or  by  advising,  counselling  or  in  '■a^^ge. 
any  wise  encouraging  the  same,  and  in  any  trial  under  this  act 
the  jury,  if  in  their  opinion  the  circumstances  will  warrant  it, 
may  give  exemplary  damages. 

Section  2.     That  it  shall  be  the  duty  of  every  citizen  of  this 

(^iti2Giis  to  ni^iC^' 

State  who  has  knowledge  of  any  design  on  the  part  of  any  other  disclosures. 
citizen  or  citizens  of  this  State  to  promote  interference  with 
elections,  either  by  soliciting  or  advising  the  presence  of  a  mili- 
tary force  at  or  near  the  place  or  places  of  holding  such  elec- 
tions, or  by  the  employment  of  any  other  organized  or  unorgan- 
ized body  of  men,  or  by  intimidation  or  threats  forthwith  to 
make  public  disclosure  of  such  knowledge,  stating  names,  by  an 
affidavit  to  be  made  before  any  one  of  the  Judges  of  this  State, 
and  file  the  same  in  the  office  of  the  Clerk  of  the  Peace  in  the 
county  where  the  Judge  resides,  and  if  any  such  citizen  having 
such  knowledge  shall  fail  to  make  such  affidavit  and  cause  the 
same  to  be  filed  as  aforesaid  he  shall  be  treated  as  a  promoter 
of  the  interference  mentioned  in  the  first  section  of  this  act,  and 
be  liable  as  therein  provided. 

Section  3.     That  the  limitation  of  actions  commenced  un-       .  ^.^^ 
der  this  act  shall  be  ten  years  from  the  time  of  the  accruing  of 
the  cause  of  action. 


130 


Military 
interference. 


Electors  shall 
have  right  to 
vote.     How 
and  where. 


Oath. 


CHAPTER  491,    VOLUME  12. 

AK"  ACT  further  to  secure  the  Free  Exercise  of  the  Eight  to  Vote 

at  Elections. 

Section  i.  That  if  it  shall  so  happen  hereafter  that  by  rea- 
son of  the  presence  of  any  military  force  at  or  near  the  place  of 
holding  an  election  in  this  State,  under  the  provisions  of  Chap- 
ter 18  of  the  Revised  Code,  electors  duly  qualified  by  the  con- 
stitution and  laws  of  this  State  to  vote  at  said  place  at  said  elec- 
tion shall  be  prevented  from,  or  interfered  with,  in  casting  their 
votes,  by  military  force,  or  the  requirement  of  oaths  unknown 
to  said  constitution  and  laws,  any  number  of  electors,  not  less 
than  five,  shall  have  the  right  to  withdraw  from  said  place  to  any 
other  place  within  the  voting  district  where  such  prevention  or 
interference  shall  take  place,  and  having  there,  by  a  majority 
of  the  electors  present,  selected  a  duly  qualified  elector  of  said 
district,  who  shall  be  a  freeholder,  to  act  as  inspector,  to  deliver 
to  him  there  their  respective  ballots ;  which  said  inspector  shall 
receive  the  said  ballots  and  record  the  name  of  the  voter  upon 
a  list  to  1)e  kept  by  him  for  that  purpose,  and  immediately  write 
upon  each  ballot  the  name  of  the  person  who  delivered  the  same 
to  him — the  said  inspector  having  first  administered  to  each 
person  offered  to  vote  on  the  ground  of  his  being  between  the 
age  of  twenty-one  and  twenty-two  years,  an  oath  or  affirmation 
in  the  following  words,  that  is  to  say :  "You  do  solemnly  swear 
(or  affirm)  that  you  are  "of  the  age  of  twenty-one  years,  and  not 
"arrived  at  the  age  of  twentytwo  years, and  that  you  at  this  time 
"reside  in  this  hundred,  and  that  you  have  not  voted,  and  will 
"not  vote  on  this  day  at  any  other  place  in  this  or  any  other 
"hundred,  and  that  you  have  resided  in  this  county  one  month, 
"and  in  this  State  one  year  next  before  this  election ;"  and  to 
every  person  offering  to  vote  on  the  ground  of  having  paid  a 
tax  and  being  otherwise  qualified  according  to  the  constitution, 
the  following:  "You  do  solemnly  swear  (or  alifirm)  that  you 
"are  of  the  age  of  twenty-two  years,  and  that  you  at  this  time 
"reside  in  this  hundred,  and  that  you  have  not  voted,  and  will 
"not  vote  on  this  day  at  any  other  place  in  this  or  any  other 
"hundred,  and  that  you  have  resided  in  this  county  one 
"month  and  in  this  State  one  year  next  before  this  election, 
"and  that  you  have  within  two  years  paid  a  county  tax  which 
"which  was  assessed  at  least  six  months  before  this  election ;" 
and  also  the  further  oath  that  he  has  been  hindred  or  prevented 
from  casting  his  vote  at  the  regular  place  of  holding  the  elec- 


131 

tion,  by  military  interference,  or  by  the  requirement  of  oaths 
unauthorized  by  the  constitution  and  laws  of  this  State. 

Section  2.  That  the  polls  authorized  to  be  held  by  the  pre-  poUs,  where 
ceding  section  shall  be  held  at  the  place  where  they  are  opened,  ''^''^• 
unless  it  be  impracticable  to  hold  them  there,  in  which  event 
they  shall  be  adjourned  to  some  other  place,  or  places  (if  nec- 
essary), in  the  election  district  where  they  are  opened,  and  there 
held,  and  shall  be  kept  opened  until  five  o'clock  in  the  afternoon, 
when  the  Inspector  shall  close  them.  As  soon  as  such  polls  are 
closed  the  Inspector  holding  them,  having  first  ascertained  the 
number  of  ballots  cast,  and  for  whom  and  for  what  office  the 
votes  were  given,  and  made  a  certificate  thereof,  shall  seal  up 
the  ballots  received  by  him  in  a  box  or  envelope,  and  keep  them 
■safely,  together  with  the  list  of  the  names  of  the  electors  who 
have  deposited  their  ballots  with  him,  until  the  time  of  the  meet- 
ing of  the  Board  of  Canvass  provided  for  by  the  chapter  afore- 
said,  when  he  shall  appear  before  the  said  Board  with  the  said  of  CaTvass. 
ballots  and  list  of  voters  and  his  certificate  aforesaid,  and  deliver 
his  said  certificate  to  the  said  board,  with  an  affidavit 
made  by  him  upon  the  same  that  it  contains  a  true  and  faithful 
statement  of  the  number  of  ballots  received  by  him  as  aforesaid, 
the  names  of  the  electors  who  cast  them,  the  number  of  votes 
for  the  dififerent  persons  voted  for,  and  that  at  the  said  poll  held 
by  him  he  did  not,  knowingly,  receive  the  ballot  of  any  per- 
son not  a  duly  qualified  voter  within  his  election  district,  ac- 
cording to  the  constitution  and  laws  of  the  State  of  Delaware, 
nor  did  he  refuse  to  receive  the  ballot  of  any  person  so  qualified, 
and  who  had  been  prevented  from  voting  at  the  regular  place  of 
voting  by  military  force  or  the  requirement  of  an  oath  unauthor- 
ized by  the  constitution  and  laws  of  the  State  of  Delaware ; 
and  that  he  determined  every  matter  that  came  before  him  and 
performed  every  act  and  duty  required  of  him  by  law  touching 
the  election  held  by  him,  truly,  faithfully  and  impartially,  accord- 
ing to  the  best  of  his  skill  and  judgment. 

Section  3.  That  it  shall  be  the  duty  of  the  Board  of  Can-  D^ty  of  Board 
vass  to  receive  the  said  certificate,  and  in  ascertaining  and  certi-  of  Canvass, 
fying  the  state  of  the  election  under  the  provisions  of  the  chap- 
ter aforesaid,  to  take  into  consideration  the  number  of  ballots 
certified  by  said  Inspector  to  have  been  received  by  him  and  for 
whom  and  for  what  office  the  votes  were  given,  and  give  said 
certificate  the  same  force  and  efifect,  and  it  shall  have  the  same 
force  efifect  as  a  certificate  of  the  election  officers  at  any  of  the 
regular  places  of  holding  the  election ;  and  the  votes  given 
■shall  be  reckoned  among  the  number  of  votes  given  in  the  elec- 
tion district  where  they  were  received  by  the  said  Inspector  in 
the  same  manner  as  if  they  had  been  given  at  the  regular  place 
of  voting  in  said  district;  Provided  always,  however.  That  the 


132 

Proviso.  said  Board  shall  be,  and  they  are  hereby  required  to  hear  and 

determine  challenges  of  the  right  of  any  person  who  delivered 
his  ballot  to  the  said  Inspector,  and  reject  any  ballot  if  the  per- 
son who  cast  the  same  had  not  a  right  to  vote  under  the  con- 
stitution and  laws  of  this  State,  either  from  want  of  qualification^ 
or  by  reason  of  his  having  voted  at  any  other  place  in  the  State 
where  he  was  entitled  to  vote  on  the  same  day.  Such  of  the 
said  ballots,  so  received  by  the  said  Inspector,  as  are  not  re- 
jected by  the  Board  of  Canvass,  and  also  the  hst  of  voters,  and 
the  certificate  aforesaid,  shall  be  deposited  by  the  said  Board  in 
the  regular  ballot  box  of  the  election  district  where  they  were 
cast,  and  the  said  box  shall  then  be  immediately  resealed  by  the 
presiding  ofificer  of  the  Board  of  Canvass.  The  said  board  shall 
also  have  power  to  examine,  on  oath,  the  said  Inspector,  touch- 
ing any  matter  connected  with  the  holding  of  the  election  by 
him,  and  shall  have  power,  if  it  appear  to  them  that  the  said 
election  was  not  fairly  held  by  any  Inspector,  to  reject  his  said 
certificate,  and  throw  out  the  vote  returned  by  him  as  aforesaid. 

Board  of  Can-  Scction  4.     That  if  it  shall  be  apparent  to  a  Board  of  Can- 

pface'of^m'eeti'ng  "^'^ss  that  any  intercfencc  with  the  performance  of  their  duties 
in  case  of  mill-  Under  cliaptcr  18  aforesaid  and  this  act  will  be  attempted  by  mil- 
tary  inter  erence  j^^j.y  jq^^qq  Qr,  if  after  they  liavc  met,  any  such  interference  shall 
be  attempted,  they  shall  have  power  to  meet  at  any  other  place 
within  their  county  to  perform  their  said  duties.  And  further, 
if  any  member  of  a  Board  of  Canvass  or  any  Inspector  created 
by  virtue  of  this  act  shall  be  prevented  by  reason  of  such  inter- 
ference from  attending  the  meeting  of  the  Board,  or  if  the 
Board,  being  met,  shall  be  prevented  by  such  interference  from 
performing  the  duties  incumbent  on  them,  it  shall  be  the  duty 
of  the  said  Board  to  adjourn  to  meet  at  some  other  time  and 
other  place  (if  necessary)  to  perform  their  duties  under  the 
laws  of  this  State,  and  so  to  adjourn  from  time  to  time  until 
such  duties  can  be  performed.  The  duty  of  attendance  upon 
said  Board  on  the  part  of  an  Inspector  created  by  authority  of 
this  act  and  the  penalties  upon  him  for  not  appearing  shall  be 
the  same  as  in  the  case  of  the  Inspectors  regularly  elected  ac- 
cording to  law,  but  no  such  Inspector  shall  be  a  member  of  the 
Board  of  Canvass. 

Number  of  polls  Scction  5.     That  nothing  herein  contained  shall  limit  the 

"wo^'^eacV"      voting  placcs  to  two  in  an  election  district,  but  the  emergency 
district.  contemplated  above  arising,  as  many  different  polls  may  be  held 

as  there  are  number  of  voters  of  five  or  more,  who  under  the 
circumstances  aforesaid  withdraw  from  the  regular  place  of 
holding  the  election  for  the  purpose  of  casting  their  ballots 
without  intimidation  or  interference. 

Clerk.  Section  6.     That  each  Inspector  created  by  authority  of 

this  act  shall  have  power  to  appoint  a  Clerk  to  aid  him  in  the 


133 

discharge  of  such  duties  as  are  clerical,  and  shall  administer  to 
him  before  he  enters  upon  the  discharge  of  the  duties  to  be  as- 
signed to  him  an  oath  or  affirmation  in  these  words:  "You  do  Oath. 
solemnly  swear  (or  affirm)  that  as  Clerk  of  this  election  you  will 
not  use  nor  assent  to  any  falsehood,  fraud  or  deceit,  and  that 
you  will  keep  the  polls  and  perform  all  your  duties  truly,  faith- 
fully and  impartially,  so  help  you  God  (or  so  you  solemnly 
affirm)."  The  Inspectors  and  Clerks  shall  receive  the  same 
compensation  as  Inspectors  and  Clerks  elected  and  appointed 
under  the  present  election  law. 

^  :<<  H;  ^  >|;  :ic  >;;  ^  ^:  :ic  :{;  jj;  ;|<  ^  ^ 


CHAPTER  575,     VOLUME  19. 

AN   ACT  Concerning  Bribery. 

Section  i.     That  if  any  person  shall  bribe    or    attempt  to 
bribe  any  one  holding  or  expecting  to  hold  any  official  position  f^'^^"^^  bribe. 
under  the  election  or  registration  laws  of  this  State,  either  as  any  election 
Registrar,  Judge,  Inspector,  Voter's  Assistant  or  otherwise,  by  pectant  election 
giving  money  or  the  promise  of  money,  office  or  the  promise  of  afmeanol^'^" 
office  or  position,  either  under  the  State     or    Federal  govern- 
ment, to  perform  any  service  for  any  political  party  in  this  State 
or  to  favor  any  candidate  for  political  office  (he)shall  be  deemed 
■guilty  of  a  misdemeanor,  and  upon  conviction  thereof  by  indict- 
ment shall  be  fined  not  exceeding  one  thousand  dollars,  and 
may  also,  in  the  discretion  of  the  Court,  be  imprisoned  for  a  P^"a"y- 
term  not  exceeding  six  months. 

Passed  at  Dover,  May  4,  1893. 


134 


CHAPTER  29,    VOLUME  17. 

AN  ACT  in  Kelation  to  the  Election  of  Assessors  and  Inspectors. 

Amended,  Vol-  Sectioii  I.     That  hereafter  the  election  of  assessors  for  the 

*^™\,'9'  Chapter  several  hundreds  in  the  respective  counties  of  this  State,  and 

40,  Election  01  '^       ..         .  .-.,.,.  111 

Assessors.  asscssors  lor  the  assessment  districts  m  Wilmington  hundred. 


Time  and  place 
of  holding 
election. 


Ballots. 


shall  be  held  by  ballot  biennially  in  the  hundreds  aforesaid,  (ex- 
cepting Wilmington  hundred,  which  election  for  assessor  shall 
be  held  quadrennially)  on  the  Tuesday  next  after  the  first  Mon- 
day in  November,  at  the  same  time  and  in  the  same  places  as 
are  now  appointed  by  law  for  holding  the  general  election,  and 
the  said  assessors  shall  be  voted  for  upon  the  same  ballots  voted 
for  other  oiBcers  elected  at  the  general  election  aforesaid. 


* 


Counting  of 
votes. 


Tie. 


Section  2.         *         *         *         * 

The  person  having  the  highest  number  of  votes  for  said 
offices,  respectively,  shall  be  chosen ;  but  if  two  or  more  persons 
shall  have  an  equal  and  at  the  same  time  the  highest  number  of 
votes  for  either  of  said  offices  the  Inspector  shall  give  an  addi- 
tional casting  vote. 


Section  3. 


Section  4. 


* 


Section  5. 
Section  6. 


*■ 


Section  7.         * 
Section  8.         * 


*■ 


*         * 


Section  9. 

Passed  at  Dover,  April  13,  1883. 


135 


CHAPTER  43,    VOLUiAlE  21. 

AN  ACT  providing  for  the  Election  of  Assessors  in  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Represeyitatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  i.     That  at  the  general  election  to  be  held  in  the  Election  of 
year  A.  D.  i8q8,  and  every  second  year  thereafter  there  shall  be  Assessors  for 

1  ir  ifi  •  !••  •  ^   •    1     T7-  Kent  county 

elected  from  each  of  the  representative  districts  into  which  Kent 
County  is  divided  by  the  constitution  of  this  State,  by  the  quali- 
fied voters  thereof,  one  person  to  be  assessor  in  and  for  such 
representative  district. 

Section  2.     That  the  person  so  elected  assessor  shall  be  a  Qualifications  oi 
resident  of  the  district  for  which  he  shall  be  elected ;  and  shall  at  Assessors. 
the  time  of  his  election  have  been  a  citizen  and  inhabitant  of  the 
State  three  years  next  preceding  the  day  of  his  election.      And 
the  last  year  of  that  term  a  resident  of  the  district  for  which  he 
shall  be  elected. 

Section  3,         *         =1=         >i=         *         *         *         * 
Approved  June  ist,  A.  D.  1898. 


> 


136 


CHAPTER  394,     VOLUME  20. 

AN  ACT  in  relation  to  the  Appointment  and  Election  of  the  Inspectors 
of  Election  in  and  for  the  State  of  Delaware,  exclusive  of  the  City  of 
■Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

inspectors  for  Scction  I.     That  the  Governor  of  this  State  be  and  he  is 

fn^lg's  {wn-°"   hereby  authorized  to  appoint  an  Inspector  for  each  and  every 
S')"appoint'e'd  by  el^ction  district  in  the  State  of  Delaware,  (exclusive  of  the  City 
Governor.         of  Wilmington)  to  hold  the  general  election  for  the  year  A.  D. 
1898. 

Hiect^d^'""'^^  Section  2.     That  at  the  general  election  to  be  held  in  the 

year  A.  D.  1898,  and  at  each  and  every  general  election  there- 
after, the  election  of  Inspectors  for  the  several  election  districts 
in  the  respective  counties  in  this  State  (exclusive  of  the  City  of 
Wilmington)  shall  be  held  by  ballot  in  the  districts  aforesaid  on 
the  Tuesday  next  after  the  first  Monday  in  November  at  the 
same  time  and  in  the  same  place  as  are  now  appointed  by  law 
for  holding  the  general  election  and  the  said  Inspectors  shall  be 
voted  for  upon  the  same  ballots  voted  for  other  officers  elected 
at  the  election  aforesaid. 

Section  3.     That  this  act  shall  be  deemed  and  taken  to  be 
a  public  act. 

Passed  at  Dover,  April  8,  A.  D.  1897. 


137 


CHAPTER  21,    VOLUME  15. 
Preceding  Sections  of  this  Chapter  suppHed.         *  * 

SPECIAL  ELECTION  FOR  GENERAL  ASSEMBLY. 

Section  37.  Whenever  a  vacancy  shall  happen  in  either 
branch  of  the  General  Assembly,  whether  by  death,  resignation  vacancies, 
or  removal  of  a  member,  by  a  tie  vote  at  the  general  election,  or 
otherwise,  the  speaker  of  the  house  in  which  the  vacancy  hap- 
pens (if  the  General  Assembly  be  then  sitting),  or  (if  it  be  not 
sitting  at  the  happening  of  such  vacancy),  the  Governor  shall 
immediately  issue  writs  of  election  for  filling  such  vacancy,  di- 
rected  to  the  Sheriff  of  the  county  in  which  such  vacancy  hap-  tion." 
pens. 

Section  38.  If  a  writ  of  election  to  fill  a  vacancy  in  the  when  executed. 
Senate  be  issued  after  an  adjournment,  without  day,  of  the  Gen- 
eral Assembly,  and  not  less  than  ten  days  before  the  holding  of 
the  general  election,  the  said  writ  shall  be  executed  at  the  time 
of  holding  the  next  general  election ;  the  election  to 
fill  the  vacancy  pursuant  to  said  writ  being  held  by  the 
same  persons  and  in  all  respects  as  the  general  election,  unless 
a  session  of  the  General  Assembly  shall,  in  the  meantime,  be 
convened  bv  the  Governor. 


ot  to  issue: 


Notice  by 


Section  39.     If  a  vacancy  shall  happen  in  the  House  of  Rep-  j^,^ 

resentatives  after  an  adjournment  without  day,  of  the  General  when. 
Assembly,  no  writ  of  election  shall  be  issued  under  Section  37, 
unless  the  Governor  shall  also  issue  a  writ  for  convening  the 
General  Assembly. 

Section  40.  The  Sheriff  shall,  on  the  next  day  after  receiv- 
ing a  writ  of  election,  unless  the  same  shall  be  Sunday,  and  sheriff, 
then  on  the  Monday  next  following,  put  up  on  the  outside  of 
the  Court  House  door  of  his  county,  and  also  in  one  of  the  most 
public  places  of  each  hundred  of  his  county,  a  proclamation  re- 
citing the  said  writ  and  appointing  a  day  for  holding  a  special 
election  pursuant  thereto— such  day  not  to  be  more  than  five 
nor  less  than  four  days  next  after  the  day  of  receiving  the  writ 
exclusive  of  that  day;  subject,  however,  to  the  provisions  of  the 
thirty-eighth  section  in  cases  falling  within  that  section. 

Section  41.     The  Sheriff  shall  also,  upon  receiving  a  writ  Notice  to  in- 
of  election,  deliver  a  written  notice  thereof,  and  of  the  day  ap-  ^p^"""^ 


Proclamation. 


138 


Notice  by 
Inspector. 


Presiding 
Officer,  who. 


Judges  of  Elec- 
tion. 


Place. 


Manner. 


pointed  for  holding  an  election  pursuant  thereto,  to  the  Inspec- 
tor of  each  hundred  of  his  county  who  served  at  the  preceding 
general  election  ;  or  if  such  Inspector  of  any  hundred  be  dead^ 
removed  or  unable  to  serve,  then  to  the  Assessor  of  such  hun- 
dred ;  and  the  said  Sheriff  shall,  in  such  written  notice  require 
the  Inspector  or  Assessor  to  produce  the  certificate  of  the  elec- 
tion, to  be  held  in  his  hundred,  at  the  Court  House  of  his  coun- 
ty, on  the  day  next  after  the  day  of  holding  the  election  by 
twelve  o'clock  noon. 

Section  42.  Every  Inspector  or  Assessor  receiving  such 
notice  as  aforesaid,  shall  forthwith  give  public  notice  thereof  by 
advertisements  posted  in  at  least  five  of  the  most  public  places 
of  his  hundred,  stating  the  day  and  place  of  election  and  the  offi- 
cer or  officers  to  be  chosen. 

Section  43.  The  Inspector  of  the  hundred  who  shall  have 
served  at  the  next  preceding  general  election,  or  in  case  of  his 
death,  removal,  or  inability,  the  Assessor  of  the  hundred,  shall 
be  the  presiding  officer  for  such  special  election ;  and  if  both  In- 
spector and  Assessor  shall  be  absent  from  the  place  of  election 
at  the  time  for  opening  the  same,  the  Electors  present  shall 
choose  a  presiding  officer,  as  above  prescribed  in  the  tenth  sec- 
tion of  this  chapter  for  choosing  a  presiding  officer  at  the  gen- 
era! election. 

Section  44.  The  presiding  officer  of  such  special  election 
shall,  before  opening  the  same,  take  to  his  assistance,  from 
among  the  qualified  electors  of  the  hundred,  two  persons  to  be 
judges  of  the  election;  who  shall  be  subject  to  the  same  penalty 
for  a  refusal  to  serve,  and  shall,  with  the  presiding  officer,  be 
qualified  in  like  manner  as  is  provided  in  case  of  the  general 
election. 

Section  45.  Every  special  election  shall  be  held  in  each 
hundred  at  the  place  appointed  by  law  for  holding  the  general 
election,  and  shall  be  opened,  conducted  and  closed  at  the  same 
time,  and  in  the  same  manner,  and  under  the  same  regulations 
as  the  general  election. 


Board  of  Can- 
vass Amended 
Chapter  432, 
Volume  17. 


Section  46.  The  Inspectors  of  the  several  hundreds  shall, 
on  the  day  next  after  the  day  of  holding  a  special  election,  at 
tvv^elve  of  the  clock,  noon,  meet  at  the  court  house  of  the  county 
as  a  board  of  canvass.  The  sheriff  of  the  county  shall  then  and 
Sheriff  presides,  thcrc  attend  as  the  presiding  officer  of  the  said  board ;  and  in 
case  of  his  absence,  the  coroner  shall  act ;  and  in  case  of  his  ab- 
sence, the  prothonotary  of  the  county  shall  act  and  in  case  of 
his  absence  a  presiding  officer  shall  be  chosen  by  the  inspectors 
present.  The  certificates  of  the  election  in  the  several  hun- 
dreds, shall  be  produced  and  the  State  of  the  election  through- 


Substitutes. 


139 

out  the  county  shall  be  ascertained,  and  certificates  thereof 
shall  be  made  and  returned,  in  the  same  manner  and  under  the  Result, 
sanie  regulations  as  provided  for  the  general  election ;  and  the 
sherif!',  or  other  presiding  officer  of  the  board  of  canvass,  shall 
have  the  same  power  for  compelling  the  attendance  of  inspec- 
tors and  obtaining  the  certificates  of  election  as  in  case  of  the 
general  election. 


CHAPTER  20,  REVISED  CODE. 

Election  of  Electors  of  President  and  Vice  President. 

Section  i.     The  electors  to  be  appointed  in  this  State  for  How  chosen, 
the  election  of  a  President  and  Vice  President  of  the  United 
States,  shall  be  chosen  by  ballot  by  the  citizens  of  the  State  hav- 
ing right  to  vote  for  representatives  in  the  General  Assembly. 

Section  2.     For  this  purpose  an  election  shall  be  held  on  Election:  when 
the  Tuesday  next  after  the  first  Monday  (in  the  month  of  No-  held, 
vember)  of  the  year  in  which  such  electors  are  to  be  chosen,  in  Amendment, 
the  several  counties  of  this  State  at  the  place  in  the  hundreds  vohTm"  A, 
respectively  at  which  the  general  election  in  the  same  year  is  where, 
held ;  but  if  it  be  impracticable  to  hold  the  election  at  any  such 
place,  the  Inspector  shall  appoint  some  other  place  and  give 
notice  thereof  as  prescribed  in  relation  to  the  general  election. 

Section  3.     The  Governor,  in  October  next  preceding  ev-  proclamation, 
ery  election  to  be  held  pursuant  to  this  act,  shall  by  proclama- 
tion make  known  the  number  of  the  electors  to  be  chosen,  and 
the  day  of  said  election. 

Section  4.     The  election  shall  be  conducted    in     the  same  Election,  how 
manner  and  form  and  by  the  same  persons  and  officers,  and  un- 
der the  same  regulations  in  all  respects,  as  the  general  election 
for  the  same  year. 

Section  5.     See  Section  6,  Article  V  of  Constitution  and  How  delivered. 
Chapter  38,  Volume  21.     *     *     *     The  lists  of  the  polls,  the  Papers, 
lists  of  voters,  and  alphabetical  lists  shall  be  delivered  by  the 
several  Inspectors  to  the  Clerk  of  the  Peace  of  the  county, 
agreeably  to  Section  33  of  Chapter  18. 


140 


Proclamation  of  Sectioti  6.     The  Govcrnor  shall  without  delay  examine  the 

result.  certificates  and  ascertain  the  electors  chosen,  and  make  known 

the  same  by  proclamation,  and  cause  notice  of  his  election  to 
be  transmitted  to  each  elector.  He  shall  also  cause  three  lists 
of  the  names  of  the  electors,  duly  made  and  certified,  to  be  de- 
livered to  the  electors,  according  to  the  act  of  Congress  in  that 
behalf  on  or  before  the  day  appointed  for  their  meeting. 


Lists. 


Ko  election. 


^Legislature 
-convened. 


To  appoint. 


Section  7.  If  upon  examining  the  aforesaid  certificates  it 
shall  appear  to  the  Governor  that  there  has  been  a  failure  to 
choose  one  or  more  of  the  electors  to  be  appointed  in  this  State 
as  aforesaid,  or  if  from  any  cause  electors  shall  fail  to  be  chosen 
as  hereinbefore  prescribed,  he  shall  immediately  issue  writs  for 
convening  the  General  Assembly,  at  Dover  on  the  fourth  Mon- 
day of  the  same  November ;  and  the  elector  or  electors  to  be 
appointed  in  this  State  for  the  election  of  a  President  and  Vice 
President  of  the  United  States  and  not  chosen  at  the  election 
held  pursuant  to  the  provisions  of  this  chapter,  shall  be  ap- 
pointed by  ballot  by  the  General  Assembly  so  convened  in  joint 
meeting  of  the  Senate  and  House  of  Representatives. 


Mode  of  choos- 
ing. 


Tie. 


•Casting  vote. 


Controlling 
vote. 


Section  8.  In  such  joint  meeting  there  shall  be  a  distinct 
balloting  for  each  elector,  and  a  majority  of  all  the  votes  given 
shall  be  necessary  to  an  appointment ;  but  if  upon  any  ballot- 
ings  two  persons  only  shall  be  voted  for,  and  each  shall  receive 
an  equal  number  of  votes,  the  Speaker  of  the  Senate  shall  give 
an  additional  casting  vote ;  if  upon  twice  balloting  in  succes- 
sion more  than  two  persons  be  voted  for,  and  one  of  said  per- 
sons on  each  balloting  receive  one-half  the  number  of  all  the 
votes  given,  the  Speaker  of  the  Senate  may,  on  the  second  bal- 
loting, give  an  additional  casting  vote  to  the  person  having  one- 
half  of  the  number  of  all  the  votes  given,  or  if  he  decline,  the 
Speaker  of  the  House  of  Representatives  may,  if  he  think  prop- 
er, give  an  additional  casting  vote  to  the  person  having  one- 
half  of  said  vote. 


Disqualification.  Scctiou  9.     No  member  of  the  General  Assembly  for  the 

time  being  shall  be  appointed  an  elector  of  President  and  Vice 
President  under  the  foregoing  section. 


Certificates,  Scctiou  lo.     Certificates  of  such  appointment  by  the  Gen- 

how  made.  ^j.^j  Asscmbly  shall  be  duly  made  and  signed  by  the  Speaker  of 
the  Senate  and  the  Speaker  of  the  House  of  Representatives, 
and  attested  by  the  clerks  of  said  houses  respectively,  and  shall 
be  transmitted  by  the  Speaker  of  the  Senate  as  follows,  to-wit: 
How  delivered.  Quc  to  the  Govcmor,  in  order  that  lists  may  be  made,  certified 
and  delivered,  according  to  the  act  of  Congress  in  that  behalf, 
and  one  to  each  of  the  electors  appointed. 


141 

Section  ii.     The  electors  chosen  or  appointed  in  this  State  Electors- 
for  the  election  of  a  President  and  Vice  President  of  the  United  """''"s- 
States  shall  meet  and  give  their  votes  at  Dover  on  the  day  de-  ^^^-^ 
termined  by  Congress  for  that  purpose.  °  '°^' 

Section  12.     In  case  of  the  death  or  inability  to  attend  of  Substitutes, 
either  of  the  electors,  or  if  either  of  the  electors  be  not  present 
at  the  said  time  and  place  of  meeting    by    twelve  of  the  clock, 
noon,  of  the  said  day,  the  electors  present  shall  appoint  an  elec- 
tor in  the  place  of  him  so  not  present. 

Section  13.     The  electors  may  employ  a  clerk,  who  shall  cierk. 
receive  for  his  services  the  sum  of  ten  dollars. 

Section  14.     The  electors  respectively  shall  receive  for  at-  Pay. 
tendance  and  travel  the  same  compensation  as  members  of  the 
General  Assembly,  to  be  paid,  as  also  the  compensation  of  the 
clerk,  by  the  State  Treasurer,  on  a  warrant  signed  by  the  elec- 
tors, out  of  any  money  in  the  treasury  not  otherwise  appropri-  orders 
ated. 


142 


Time  of  elec- 
tion.   Amend- 
ment Chapter 
262,  Section  2, 
Volume  II. 


Places. 


How  conducted. 


CHAPTER  21,     REVISED  CODE. 

Election  of  Representatives  in  Congress. 

Section  i.  An  election  for  choosing  a  representative  or  rep- 
resentatives, as  the  case  may  be,  for  the  people  of  this  State  in 
the  Congress  of  the  United  States,  shall  be  held  on  the  (Tues- 
day next  after  the  first  Monday)  of  November,  in  the  year  in 
which  the  general  election  is  held,  in  the  several  counties  of  this 
State,  at  the  same  places  at  which  the  election  for  members  of 
the  General  Assembly  of  this  State  shall,  for  the  time  then  being 
be  held,  in  said  counties  respectively. 

Section  2.  Such  election  for  representative  or  representa- 
tives in  Congress,  shall  be  conducted  in  the  same  manner  and 
form,  by  the  same  persons  and  officers,  and  under  the  same  reg- 
ulations in  all  respects,  as  the  election  for  members  of  the  Gen- 
eral Assembly ;  and  the  votes  given  in  each  county  for  repre- 
sentative or  representatives  in  Congress,  shall  be  calculated  and 
ascertained  at  the  same  time  and  place,  in  the  same  manner  and 
by  and  under  the  same  means  and  regulations  as  those  for 
members  of  the  General  Assembly. 

Section  3.  Returns  shall  be  made  to  the  Governor  as  the 
law  directs ;  and  the  Governor  shall,  without  delay,  examine  the 
returns,  and  declare  the  person  or  persons  elected,  and  shall  is- 
sue certificates  of  such  election  under  his  hand  and  the  great 
seal  of  the  State  ;  one  of  which  he  shall  transmit  to  the  Secretary 
of  State  of  the  United  States,  and  one  to  the  person  elected,  or 
if  more  than  one,  to  each  of  them ;  the  returns  shall  l5e  filed  in 
the  office  of  the  Secretary  of  State ;  and  the  Governor  shall,  by 
proclamation,  make  public  the  state  of  the  vote  by  causing  the 
same  to  be  published  in  one  or  more  of  the  public  newspapers 
of  this  State. 

SPECIAL  ELECTION. 

Section  4.  Whenever  a  vacancy  shall  happen  by  death, 
resignation  or  otherwise  in  the  representation  from  this  State  in 
the  House  of  Representatives  of  the  United  States  an  election 
shall  be  held  to  fill  such  a  vacancy  on  such  day  as  the  Gover- 
nor shall  appoint  in  the  several  counties  of  this  State  at  the  same 
places  which  at, the  time  shall  be  prescribed  by  law  for  holding 
the  general  election. 

Writs  of  election  Scction  5.     The  Govcmor  shall  issue  writs  of  election  to 

the  Sheriffs  of  the  several  counties,  reciting  the  vacancy,  and 


Returns. 


Certificates. 


How  sent. 


Filed. 


Proclamation. 


Vacancies;  how 
filled. 


Where 


143 

commanding  each  Sheriff  to  cause  an  election  to  be  held  in  his 
county  on  the  day  in  the  said  writ  mentioned,  at  the  places  by 
law  prescribed  for  holding  the  general  election  in  said  county, 
for  choosing  a  representative  in  place  of  him  whose  seat  shall 
have  so  become  vacant,  which  writ  shall  be  delivered  to  each 
Sheriff  at  least  seven  days  before  the  day  therein  appointed  for 
holding  the  election. 

Section  6.  Each  Sheriff  shall,  within  ten  days  after  receiv-  Notice  by 
ing  such  writ,  put  upon  the  outside  of  the  court  house  door  of  ^***^"^^- 
his  county,  and  also  at  one  of  the  most  public  places  in  everv 
hundred  of  his  county,  a. proclamation  reciting  the  said  writ  and 
requiring  an  election  to  be  held  pursuant  thereto,  and  shall  also 
deliver  such  a  proclamation  to  the  Inspector  of  each  hundred  in 
his  county,  who  shall  have  served  at  the  general  election  then 
next  preceding,  or  in  case  of  his  death,  removal  or  inabilit}-  to 
serve  to  the  Assessor  of  such  hundred. 

Section  7.     Such  Inspector  or  Assessor  shall  forthwith,  af-  Notice  by  in- 
ter receiving  such  proclamation,  give  notice  of  the  election  by  ^p^*^'""'  *•=• 
advertisement  vmder  his  hand,  posted  in  at  least  five  of  the  most 
public  places  of  his  hundred. 

Section  8.  A  special  election  for  Representative  or  Repre-  special  eiec- 
sentatives  in  Congress  shall  be  conducted  in  the  same  manner  tions,  how  held 
and  form  by  the  same  persons  and  officers,  and  under  the  same 
regulations  in  all  respects  as  a  special  election  to  supply  a  va- 
cancy in  either  house  of  the  General  Assembl}^  and  the  votes 
given  in  each  county  shall  be  calculated  and  ascertained  at  the 
same  time  and  place  and  in  like  manner,  and  by  the  same  meth- 
od and  regulations  as  in  case  of  such  special  election. 

Section  9.     Returns  shall  be  made  to  the  Governor,  who  Returns. 

shall  declare  the  person  elected,  and  grant  certificates  and  issue 
proclamation  as  prescribed  in  the  third  section  of  this  chapter. 

Section  10.     It  shall  be  in  the  discretion  of  the  Governor 
v.hether  to  appoint  a  dav  for  holding  such  elections  before  the  Governor's 

,  ^,,,.^'^,  -,,         .  °  ,  ,,  .  f  selection  as  to 

day  of  holding  the  general  election  next  after  the  happening  of  time, 
such  vacancy, and  if  the  day  of  holding  the  general  election  shall 
be  appointed  then  the  election  shall  be  held  and  cpnducted  and 
all  the  proceedings  touching  the  same  had,  according  to  the 
provisions  of  the  first  three  sections  of  this  chapter. 


144 


ture 


Notice  of. 


CHAPTER  23,    REVISED  CODE. 

Of  Contested  Elections. 

Contesting  seats  Scction  I.     Any  persoii  intending  to  contest  the  election  or 

jj^^']>e  Legisia-  t^g  eligibility  of  any  one  returned  by  the  Board  of  Canvass  as- 
a  member  of  either  branch  of  the  General  Assembly  from  either 
of  the  counties  of  this  State  shall,  at  least  twenty  days  before 
the  meeting  of  the  General  Assembly,  give  written  notice  of 
such  intention  to  the  person  whose  seat  he  intends  to  contest, 
and  within  ten  days  after  said  notice  shall  dehver  to  him  a  writ- 

Specifications.  ten  Specification  of  the  several  grounds  upon  which  it  is  in- 
tended to  contest  the  said  election. or  the  ehgibility  of  the  per- 
son so  returned  as  aforesaid,  and  if  one  of  said  grounds  shall 

Illegal  votes,  bc  that  illegal  votes  were  given  at  such  election  for  "the  person 
so  returned,  then  such  specification  shall  particularly  set  forth 
the  name  of  each  alleged  illegal  voter,  with  the  several  objec- 
tions to  the  legality  of  his  vote. 


Names. 
Grounds. 


Counter  specifi-  Scctiou  2.     The  pcrsou  returned  as  aforesaid  shall,  within 

cations.  fifteen  days  after  receiving  such  notice,  deliver  to  the  person  so 

contesting  his  seat  a  like  specification  of  objections  to  the  right 

of  contestants  to  such  seat. 


Affidavits. 


Copies,  how  de- 
livered. 


Restrictions. 


Section  3.  Every  specification  as  aforesaid  shall  15e  verified 
by  affidavit  of  the  party  delivering  the  same,  stating  that  he  ver- 
ily believes  that  the  grounds  of  objection  set  forth  are  substan- 
tially true,  and  the  voters  specified  as  illegal  voters  were  not 
entitled  by  law  to  vote  at  the  election  in  question. 

Section  4.  Copies  of  said  notice  and  specifications  verified 
as  aforesaid  shall  be  delivered  to  the  Speaker  of  the  House  hav- 
ing cognizance  of  the  matter,  the  contestant  to  deliver  his  no- 
tice and  specifications  with  his  petition  on  the  first  day  of  the- 
session,  and  the  sitting  member  so  to  deliver  a  copy  of  his  spec- 
ifications to  the  said  Speaker  when  he  delivers  them  to  the  con- 
testant. 

Section  5.  In  the  trial  of  the  case  of  contested  election  the- 
parties  shall  be  restricted  to  the  grounds  of  objection  in  the 
specifications  set  forth,  and  shall  not  examine  into  the  illegality 
of  any  votes  other  than  those  specified  as  illegal,  nor  impeach 
such  votes  for  any  causes  other  than  those  so  specified  as  afore- 
said. 


145 

Section  6.  If  the  House  having  cognizance  of  the  matter  cosu. 
shall  determine  that  the  sitting  member  is  not  entitled  to  his 
seat,  it  may  order  that  the  costs  incurred  by  such  contested 
election  be  paid  by  the  county  from  which  such  member  shall 
have  been  returned  as  duly  elected,  and  in  that  case  provision 
for  the  payment  of  such  costs  shall  be  made  by  the  Levy  Court 
of  the  said  county  at  its  next  session  after  the  adjournment  of 
the  General  Assembly. 

Section   7.     The    said   House   in   determining   against   the  in  frivolous 
claim  of  the  contestant  may  also  decide  that  the  proceeding  on  "^"• 
his  part  is  frivolous  and  vexatious,  and  may  order  that  he  shall 
pay  all  the  costs  of  the  said  contested  election,  but  without  such 
order  the  contestant  shall  not  be  liable  to  costs,  and  the  same  Costs  of  contest, 
shall  be  paid  by  the  State  as  heretofore  in  like  cases. 

Section  8.  Any  order  for  the  payment  of  costs  by  the  con-  Execution  for 
testant  shall  be  enforced  by  a  writ  issued  by  the  Speaker  of  the  '^°^'''- 
House  in  which  such  election  was  contested  to  the  Sheriff  of 
Kent  county,  directing  him  to  levy  and  make  the  amount  there- 
of of  the  goods  and  chattels,  lands  and  tenements  of  the  said 
petitioner,  under  which  writ  the  said  Sherifif  shall  sell  the  same 
or  such  part  thereof  as  may  be  necessary  to  satisfy  said  writ, 
upon  fifteen  days'  notice,  posted  as  required  in  cases  of  sale  on 
execution  process,  and  shall  pay  over  the  amount  by  him  re- 
ceived upon  said  writ  to  the  State  Treasurer,  for  the  purpose  of 
reimbursing  to  the  treasury  the  sums  drawn  therefrom  to  pay 
the  costs  of  said  contested  election. 


146 


CHAPTER  33,    VOLUME  17. 

AN  ACT  m  relation  to   Contested   Elections   other  than  for  members  of 
the  General  Assembly  and  Governor. 

Who  may  con-  Scction  I.     Any  person  claiming  to  be  elected  to  an  office 

*^'''-  to  be  exercised  in  and  for  any  county  or  hundred  may  contest 

the  right  of  any  person  declared  to  be  duly  elected  to  such  office 
for  any  of  the  following  causes,  to  wit :     ist.  For  malconduct  on 
the  part  of  the  officers  or  judges  holding  the  election  or  any 
Causes.'  One  of  them ;  2d.  When  the  person  whose  right  to  the  office  is 

contested  was  not  at  the  time  of  the  election  eligible  to  such 
office ;  3d.  Where  the  person  whose  right  is  contested  has  given 
to  any  elector  or  inspector,  judge  or  clerk  of  the  election,  any 
bribe  or  reward,  or  shall  have  offered  any  bribe  or  reward  for 
the  purpose  of  procuring  his  election ;  4th.  On  account  of  illegal 
votes. 

Section  2.     No  inequality  or  improper  conduct  in  the  pro- 
.'ceedings  of  the  officers  or  judges  aforesaid,  or  any  one  of  them, 
tieslhairifo"Tn-  shall  bc  coustrucd  to  amount  to  such  mal-conduct  as  to  annul 
validate.  qj-  gg^  asidc  any  election,  unless  the  inequality  or  improper  con- 

duct shall  have  been  such  as  to  procure  the  person  whose  right 
to  the  office  may  be  contested  to  be  declared  duly  elected  when 
he  has  not  received  the  highest  number  of  legal  votes  cast  at 
said  election. 

Section  3.  *  *  *  *  *  * 

Chap  572  Vol  Section  4.     Nothing  in  the  fourth  ground  or  cause  of  con- 

19.  '  test  specified  in  the  first  section  of  this  act  shall  be  so  construed 
as  to  authorize  an  election  to  be  set  aside  or  annulled  on  ac- 
count of  illegal  votes,  unless  it  shall  appear  that  an  amount  of 
When  set  aside  illegal  votcs  has  becu  given  to  the  person  whose  right  to  the 
or  1  ega  voting  ^f^^^  jg  contested  whicli,  taken  from  him,  would  reduce  the 
number  of  his  legal  votes  below  the  number  of  votes  given  to 
some  other  person  for  the  same  office,  after  deducting  there- 
from the  illegal  votes  which  may  be  shown  to  have  been  given 
to  such  other  person. 

Section  5.  In  cases  arising  under  the  second  and  third 
ra?e"on'ne1igu  causcs  of  contcst,  specified  in  section  one  of  this  act,  a  proceed- 
biiity  of  person  jng  may  be  instituted  under  this  act  against  such  person  by  the 
person  who  received  the  next  highest  number  of  votes,  for  the 
office  at  the  election  under  which  such  ineligible  persons  was 
declared  elected,  notwithstanding  the  person  so  contesting  the 
election  does  not  claim  to  have  been  elected. 


147 


Section  6.  When  any  person  authorized  to  do  so  under  this  written 


state- 


I 


act  shall  desire  to  contest  the  right  of  any  person  declared  duly  menttobe  filed 
■elected  to  such  office,  he  shall,  within  twenty  days  after  the  re-  what°'to"omain. 
suit  of  the  election  shall  have  been  officially  ascertained  by  the 
board  of  canvas,  or  officers  legally  authorized  to  ascertain  the 
same,  (and  at  least  sixty  days  before  the  first  day  of  the  term  of  chap,  572,  Voi. 
court  at  which  said  contest  shall  be  tried  or  called'for  trial,  file  '^' 
with  the  Prothonotary  of  the  Superior  Court  of  this  State  in 
and  for  the  county  in  which  said  contest  is  made  a  full,  particu- 
lar and  explicit  statement,  setting  forth  fully  and  specifically  the 
names  of  any  and  all  officers  and  judges  upon  the  malconduct  fvWcr^"n"^°'i 
of  whom  he  will  rely  and  respecting  which  he  intends  to  pro-  based  to  be  filed 
cure  evidence,  and  setting  forth  the  precincts  or  election  dis-  Tary  Jix'ty^days 
tricts  of  such  officers  and  the  particular  malconduct  of  each  re-  ^^^°'^^  ^'"'"s  °^ 
spectively,  the  names  and  residences  of  the  witnesses  and  the 
substance  of  their  testimony  by  whom  he  expjects  to  prove  such 
malconduct ;  and  if  such  contest  shall  be  based  upon  the  second 
ground,  as  set  forth  in  Section  i,  such  statement  shall  specifical- 
ly, full  and  explicitly  state  the  grounds  and  causes  of  the  inelgi-  me'^iftVo^'fiied'^' 
bility  of  the  person  whose  right  to  the  office  is  contested ;  and  shaii  set  forth, 
when  such  contests  shall  be  made  for  causes  comprised  within 
the  third  item  of  said  Section  i  the  said  statement  shall  explicit- 
ly, fully  and  clearly  state  the  name    of    any  elector,  inspector, 
judge,  clerk  or  other  person  to  whom  anv  bribe  or  reward  shall  „        ,  , 

11  <-/•  1  1      1  ■  1  "1  r  1     1      -1        Causes  to  be  ex- 

have  been  orrered ;  and  the  time,  place  and  amount  of  such  bribe  piicuiy  stated  in 
or  reward,  and  the  name  and  residences  of  the  witnesses  by  seve°aUns"fnces 
whom  the  contestant  expects  to  prove  the  offering  of  any  bribe 
■or  reward,  with  a  brief  statement  of  their  testimony.  And  when 
the  ground  of  contest  shall  be  on  the  ground  of  illegal  votes, 
such  statement  shall  specifically,  fully  and  explicitly  set  forth 
the  names,  residences  and  respective  causes  of  disqualification 
of  each  person  alleged  to  have  illegally  voted,  the  polls  at  which 
such  illegal  vote  has  been  received,  the  names  of  the  election 
officers  favoring  the  acceptance  of  such  vote,  whether  such  vote 
was  challenged  by  the  duly  accredited  challenger  of  the  party  of 
which  the  contestant  was  the  candidate  and  whether     all     the 
judges  or  inspectors  present  at  such  polls  concurred  in  accept- 
ing and  receiving  such  vote ;  and  if  it  shall  appear  that  all^  of 
such  judges  or  inspectors  concurred  in  accepting  or  receiving 
such  vote,  or  that  the  right  of  the  voters  respectively  to  deposit 
such  votes  was  not  at  the  time  challenged  by  the  duly  accredited 
challenger  of  the  party  of  which  the  contestant  was  a  candidate, 
the  legality  or  illegality  of  such  vote  shall  not  be  brought  into  Names  and  resi- 
question  in  any  such  contest;  and  the  said  statement  shall  fur- ^ess'eTto'^bes'et 
ther  set  forth  the  names  and  residences  of  the  witnesses  who  will  ["j^^  ihe^sub" 
be  produced  on  behalf  of  the  contestant  to  prove  such  illegal  stance  of  the  tes- 
votes  and  the  substance  of  the  testimony  to  be  given  by  each  ;  given  by°each. 
:and  at  the  trial  of  any  contest,  cause  or  proceeding  to  be  insti- 


I4S 


Contestant  to  be  tutccl  or  continuecl,  Of  \vhich  has  been  instituted  or  will  be  con- 
n'^s'e^s  nl°m^d'in  tinucd  Under  the  provision  of  this  act  or  of  the  act  to  which  this- 
his^tatement  ^^.^  jg  ^j-,  amendment,  the  contestant  or  plaintiff  shall  be  limited 
in  his  proof  and  in  the  admission  of  evidence  to  the  witnesses 
named  in  said  statement,  and  the  witnesses  shall  be  limi- 
ted in  their  testimony  to  the  facts  set  forth  in  the  statement  filed 
and  delivered  as  aforesaid  with  respect  towhich  it  shall  be  there- 
in alleged  that  they  will  be  expected  to  testify ;  said  statement 
shall  be  verified  by  the  oath  of  the  contestant  that  the  matters 
therein  set  forth  are  so  far  as  they  relate  to  his  own  act  and 
deed  and  that  what  relates  to  the  act  and  deed  of  any  other  per- 
son he  believes  to  be  true.) 


Witnesses  limi- 
ted in  their  tes- 
timony. 


Statement  sliall 
be  verified  liy 
oath  or  con- 
testant. 


Chap.  572,Vol.i9  ScCtioU   7. 


* 


* 


Chap.  572,Vol.i9 


Section  8. 


* 


* 


Duty  of  Pro- 
thonotary. 


Section  9.  Before  such  statement  being  filed  as  aforesaid,, 
it  shall  be  the  duty  of  the  said  Prothonotary  to  docket  the  said 
case  in  the  Appearance  Docket  (and  immediately  issue  a  cita- 
Chap.  572,Voi.i9  tion  for  the  person  whose  right  to  office  is  contested  to  appear 
on  the  first  day  of  the  second  term  of  the  said  court  to  make 
such  defense  as  he  may  have  in  said  case,  which  citation  shall 
be  delivered  to  the  Sheriff,  or,  if  he  be  a  party  to  the  contest, 
to  the  Coroner)  of  the  county,  and  be  served  by  him  upon  the 
party  defendant  in  person,  or,  if  he  cannot  be  found,  by  leaving 
a  copy  thereof  at  the  house  where  he  last  resided  at  least 
five  days  before  the  day  to  which  such  citation  is  returnable. 
The  original  citation  shall  be  returned  to  said  Prothonotary  on 
or  before  the  first  day  of  the  next  term  of  said  court  after  it  is 
issued,  and  the  manner  of  service  shall  be  endorsed  thereon  and 
signed  by  the  officer  serving  the  same. 


Citation  for  de 
fendant,  to 
whom  issued. 

Notice, 
How  served. 


Return. 


Court  may  dis 
miss. 


Section  10.  The  Court  may  dismiss  the  proceedings  if  the 
statement  of  the  cause  or  causes  of  contest  do  not  conform  to 
this  act,  or  for  want  of  prosecution.  If  said  proceedings  are 
not  so  dismissed  the  case  shall  proceed  upon  its  merits  and  be 
tried  and  determined  by  the  Court  by  the  rules  of  law  and  evid- 
ence governing  the  determination  of  questions  of  law  and  facts 
Chap  S72  Vol  iq  in  the  courts  of  law  in  this  State,  so  far  as  the  same  are  applica- 
'     ■    ble.  *         * 

Costs  Section  11.     The  costs  in  all  cases  of  contests  under  this- 

act  shall  be  awarded  to  the  various  parties  entitled  thereto  in 
the  same  manner  and  as  near  as  can  be  to  the  same  amount  as- 
for  like  services  in  other  cases  tried  in  said  court. 

Trial  by  Court  Scctiou  12.     All  cascs  of  coutcst  undcr  this  act  shall  be 

Exception         fyjjy  heard  and  determined  by  the  Court,  without  the  aid  or  in- 


149 

tervention  of  a  jury,  unless  one  or  both  of  the  parties  to  the 
contest  shall  claim  a  trial  by  jury,  and  the  Court  shall,  in  their 
judgment,  determine  that  it  is  a  case  which,  under  the  Constitu- 
tion and  laws  of  the  State,  the  party  or  parties  are  cnitled  to  a 
trial  by  jury.  In  such  case  a  jury  shall  be  empaneled  and  the  Jury 
cause  proceed  according  to  the  rules  and  practice  of  the  Court 
in  jury  trials. 

Section  13.     In  the  trial  of  any  contested  election  under  jurisdiction 
this  act,  the  Court  shall  have  full  authority  to  make  an  examina- 
tion of  the  ballots  given  in  such  election,  (except  that  whenever  chap.  572,Voi.i9 
the  ballot  boxes,  ballots,  poll  lists,  tally  sheet,  or  other  books 
or  records,  pertaining  to  any  election,  excepting  the  certificate  when  ballot 
of  election  of  the  officer  against  whom  the  contest  may  be  made,  porrusts%nd' 
duly  signed  by  the  SherilT  or  presiding  officer  of  the  Board  of  [fi'offered'L'"^^ 
Canvass  and  the  Inspectors  present,  and  filed  according  to  law,  evidence 
shall  have  come  in  any  way,  legally  or  illegally,  into  the  posses- 
sion, care  or  custody  of  any  person,  officially  or  otherwise  who 
shall  have  been  a  candidate  and  voted  for  upon  the  same  official 
ballot  as  a  candidate  of  the  same  political  party  as  the  contest- 
ant, no  such  ballot  boxes,  poll  lists,  tally  sheets,  or  other  books 
01  records  pertaining"  to  the  said  election,  excepting  the  certifi- 
cate of  election  as  aforesaid,  shall  be  offered  in  evidence  in  any 
-contest  begun  or  prosecuted  under  the  provisions  hereof)  and 
may  make  and  enforce  by  attachment  all  necessary  orders  to 
obtain  possession  of  the  same,  and  after  hearing  the  allegations 
and  proofs  in  the  cause,  shall  render  judgment  (in  accordance 
with  the  verdict  of  the  jury,  if  a  jury  shall  have  tried  said  cause), 
either  confirming  or  annulling  such  election  altogether,  or  de- 
claring some  other  person  than  the  one  whose  election  is  con- 
tested duly  elected. 

Section  14.     If  it  appear  by  the  judgment  of  the  Court  or  Election 
the  verdict  of  the  jury  (if  there  be  a  jury),  that  any  other  person 
than  the  one  whose  election    is    contested  received  the  highest 
number  of  legal  votes,  judgment  should  be  rendered  declaring 
:such  person  duly  elected;  *         *  '•'  *  *  '^     ap-572.  o.'9 

Section  15.     When  the  person  whose  election  is  contested  when  election 
is  proved  to  be  inelgible  to  the  office,  judgment  shall  be  render-  'svoid 
ered  declaring  the  election  void  and  the  office  vacant,  and  such 
proceedings  shall  then  be  had  as  in  vacancies  happening  from 
any  other  cause.     When  it  shall  appear  that  two  persons  have 
received  an  equal  number  of  legal  votes  for  the  same  office,  the 
provisions  .of  law  heretofore  in  force  for  the  settlement  of  such 
cases  shall  prevail,  if  there  be  any  such  provision ;  if  there  be 
none,  then  the  said  office  shall  be  adjudged  and  declared  va- ^^^^^^.^  ^^^^ 
cant,  and  such  proceedings  shall  then  be  had  as     in    vacancies  filled 
happening  from  any  other  cause. 


I50 

Execution  for  Sectioii  i6.     Judgment  for  costs  shall  be  rendered    in    all 

*^°"^  cases  against  the  unsuccessful  party  to  the  contest,  and  execu- 

tion may  issue  against  him  for  the  same. 

Contestant  to  Scctiou  I/.     Any  pcrsou  contesting  any  election  under  the 

grve^security  for  pj-Qvisions  of  this  act,  shall  be  required  to  give  security  for  costs 
in  such  amount  and  manner  as  the  court  shall  order.  Such  se- 
curity, however,  shall  in  no  case  be  enforced  unless  judgment 
for  costs  be  rendered  against  the  contestant. 

(Section  i8.  Provided,  however,  that  this  act  shall  not  be 
cemlng°  contests  construed  to  prevent  a  further  prosecution  of  any  contest  now 
now  pending  pending  under  the  provisions  of  the  act  hereby  amended  if  ad- 
vantage shall  be  taken  of  the  provisions  of  this  act  and  the 
statement  required  by  Section  i  shall  be  filed  and  delivered  as 
therein  provided  by  the  contestant  in  any  case  within  ten  days 
after  the  passage  of  this  act.) 

Passed  at  Dover,  March  14,  1883. 


151 


CHAPTER  22,    VOLUME  i8. 

AN  ACT  concerning  the  Appointment  of  Electors  of  President  and 

Vice  President. 

Section  i.     Any  person  intending  to  contest  the  election  of  Notice  of  contest 
any  one  declared  by  the  Governor  to  have  been  chosen  an  elec-  °[ '''^'^''°u  °/,  v 
tor  of  President  and  Vice-President  of  the  United  States  shall,  given  wuhi 


nin 


w^ithin  ten  days  after  such  declaration  by  proclamation  of  the  '*"  ^^^^ 
Governor,  give  written  notice  of  such  intention  to  the  person 
whose  election  he  intends  to  contest  and  also  to  the  Governor; 
and  within  five  days  after  the  delivery  of  said  notice  shall  de- gj^^,,  ^^,5^^^ 
liver  to  the  person  whose  election  he  contests  and  to  the  Gov-  within  five  days 
ernor  written  specification  of  the  grounds  upon  which  it  is  in-  TaUons  oT"  ' 
tended  to  contest  the  said  election  of  the  person  so  declared  to  srouuds 
have  been  elected  as  aforesaid ;  and  if  one  of  the  grounds  shall 
be  that  illegal  votes  were  given  at  such  election  for  the  person 
declared  to  have  been  elected,  then  such  specification  shall  par- 
ticularly set  forth  the  name  of  each  alleged  illegal  voter,  with  what  set  forth, 
the  several  objections  to  the  legality  of  his  vote;  and  shall  also  Hundred,  eiec- 
distinctlv  set  forth  and  state  the  hundred  and  election  district  ^'°"^'^y'^\^1 

precinct  shall  be 

or  precmct  at  which  the  illegal  vote  was  cast.  stated. 

Section  2.     The  person  declared  to  have  been  elected  as  Person  whose 
aforesaid  and  who  shall  have  received  notice  of  contest  as  afore-  ^^^t  is  contested 

...  .  .     .  .-  .  -      ,        shall  within  ten 

said,  shall,  withm  ten  days  after  receiving  specmcation  of  the  days  deliver  to 
grounds  of  contest,  deliver  to  the  person  so  contesting  his  elec-  Tng^ami'^Gover- 
tion,  and  to  the  Governor,  a  like  specification  of  objection  to  ["j""" '"^ "^J^*^' 
the  right  of  the  contestant  to  be  declared  an  elector ;  and  in 
such  specification  may  also  state  any  other  ground  upon  which 
he  rests  the  validity  of  his  election. 

Section  3.     Everv  specification  as  aforesaid  shall  be  veri-  specification 
fied  by  the  affidavit  of  the  party  delivering  the  same,  stating  ty'affidavTt'.^"* 
that  he  verily  believes  that  the  grounds  of  objection  set  forth 
are  substantially  true;  and  that  the  voters  specified  as  illegal 
voters  were  not  entitled  by  law  to  vote  at  the  elecion  in  ques- 
ion. 

Section  4.     The  notice  and  specification  verified  as  afore-  specification 
said,  which  shall  have  been  delivered  to  the  Governor,  shall  be  J'."'f/^fj"p''3„^.'' 
by  him  delivered  to  the  Canvassing  Board,  hereinafter  created,  yltJug  board, 
together  with  the  certificates  of  the  votes  given  for  each  person, 
voted    for    for    elector    as     returned  to  him  In-  the  respective 
Boards  of  Canvass  under  the  election  laws  of  this  State,  on  the 
first  day  of  the  assembling  of  the  Canvassing  Board  herein  cre- 
ated. 


152 

Parties  shall  be  Scction  5.     Ill  the  trial  of  the  case  of  a  contested  election 

grounTo'f  objec-  the  parties  shall  be  restricted  to  the  grounds  of  objections  in  the 
tion  in  specifi-    specifications  set  forth  ;  and  the  statements  of  the  other  grounds 

'Cutions.  ^ 

upon  which  the  person  declared  to  have  been  elected  rests  the 
The  illegality  of  Validity  of  his  clcction ;  and  shall  not  examine  into  the  illegality 
<3ther  votes  shall  of  any  othcr  votcr  other  than  those  specified  as  illegal,  nor  im- 
dnto.  ^  '"'^""^^     peach  such  votes  for  any  causes  other  than  those  so  specified  as 

aforesaid. 

Party  declared  Scctiou  6.     Whcrc  any  coutcstaut  or  person  who  has  been 

testam  °may"ap-  dcclarcd  clcctcd,  and  whose  election  is  contested,  is  desirious 
ply  to  the  Pro-  of  obtaining  testimony  respecting  a  contested  election,  he  may 
kent°county  for  apply  to  the  Prothouotary  of  the  Superior  Court  of  the  State 
subpoena.  of  Delaware,  in  and  for  Kent  County,  for  a  subpoena  or  subpoe- 

nas for  summoning  such  witnesses  as  he  may  wish  to  appear 
before  the  Board  of  Canvass  at  such  time  as  shall  be  in  the  sub- 
c  V,         »  V    poenas  designated.     Such  subpoena  shall  be  directed     to     the 

bubpcenas  to  be    '  &>  .  1    •    1        1 

directed  to  the  bherift  of  the  couuty  in  which  the  witness  or  witnesses  reside, 
whe"f  wit'nTs"^  and  shall  be  served  in  the  same  manner  as  subpoenas  for  wit- 
reside  ncsscs  iu  civil  cascs  are  served.     The  Sheriff  to  whom  a  sub- 

poena may  be  directed  shall  make  return  of  his  service  thereon 
m^ak'e^eturns.     to  the  Said  Board  of  Canvass  on  the  first  day  of  its  meeting  to 
hear  the  contest. 

Superior  Court  Scctiou  /.     The  Supcrior  Court  of  the  State  of  Delaware, 

ware'for  K^t'""'  ^^  ^"^  ^^r  Kcut  Couuty,  is  hereby  created  and  declared  to  be  a 
county  created  a  Board  of  Caiivass  to  hcar  and  determine  all  contests  of  elec- 
vass.  °     ^"     tions  of  electors  of  President  and  \Tce  President,  with  a  power 
to  regulate  and  determine  the  mode  of  procedure,  and  all  other 
matter  pertaining  thereto  as  may  be  necessary  in  carrying  out 
the  provisions  of  this  act  and  the  act  of  Congress  fixing  the  day 
of  the  meeting  of  electors,  passed  February  3,  A.  D.  1887 ;  and 
it  shall  be  the  duty  of  the  Governor,  whenever  a  notice  of  con- 
Governor.  ^        test  is  served  upon  him,  immediately  to  make  proclamation  con- 
vening said  Superior  Court  in  special  session     at     the     Court 
House  in  Dover,  on  a  day  to  be  by  him  named,  which  shall  not 
be  later  than  the  twentieth  day  of  December  next  succeeding 
the  day  of  the  election  in  the  year     in     which  the  election  was 
held. 

Duty  of  Section  8.     The  said  Superior  Court,     after     hearing  any 

Superior  Court,  contest  of  clcctiou  of  an  elector  or  electors,  shall  make  out  and 
certify,  under  the  seal  of  the  Court,  the  ascertainment  of  the 
vote  of  the  State  for  electors,  and  also  certify  the  names  of 
the  persons  chosen  as  electors,  and  cause  said  ascertainment 
and  certificate,  together  with  all  the  papers  and  certificates  filed 
in  the  case,  to  be  delivered  to  the  Governor  on  or  before  the 
first  day  of  January  next  succeeding  the  day  of  election  at 
which  the  electors  were  chosen. 


153 


CHAPTER  329.    \^OLUME  16. 

AN  ACT  tp  Secure  Free  Elections. 
Section  i.     That  if  anv  person  or  corporation  existing:  or  ,  ,.  .,  .. 

1     •  1  •  ■  1   •       r>         '        1      11    1   •       1  1  •         Intimidation  at 

'donig  busniess  in  this  btate  shah  hinder,  control,  coerce  or  m- elections  by  per- 
timidate,  or  shall  attempt  to  hinder,  control,  coerce  or  intimi-  tioiis  prohibited, 
date  any  qualified  elector  of  this  State  from  or  in  the  exercise  of 
his  right  to  vote  at  any  general,  special  or  municipal  election 
held  under  the  laws  of  this  State,  by  means  of  bribery,  or  by 
threats  of  depriving  such  elector  of  employment  or  occupation, 
absolutely  or  contingently,  directly  or  indirectly,  every  such  per- 
son or  corporation  so  ofifending  shall  be  guilty  of  a  misdemean-  ^^"^''y- 
or,  and  upon  conviction  thereof  shall  forfeit  and  pay  to  the  State 
of  Delaware  a  fine  of  not  less  than  five  hundred  nor  more  than 
two  thousand  dollars,  or  be  imprisoned  (if  a  natural  person) 
not  more  than  one  year,  or  both,  in  the  discretion  of  the  Court. 
And  every,  elector  so  aggrieved  may  also  in  an  action  of  debt  Action  of  debt 
brought  for  that  purpose  sue  for  and  recover  from  the  person 
or  corporation  so  ofifending  as  aforesaid  the  sum  of  five  hun- 
dred dollars. 

Section  2.  That  in  all  trials  under  the  provisions  of  the 
foregoing  section  the  act  or  acts  of  any  officer  of  a  corporation,  Extent  of  Ua- 
so  far  as  they  afifect  or  concern  any  employe  or  servant  of  such  pomions*"^' 
corporation,  shall  be  taken  and  held  to  be  the  act  or  acts  of  the 
corporation,  whether  general  or  special  authority  as  to  such  act 
or  acts  from  the  corporation  to  such  officer  be  shown  or  not. 
But  nothing  herein  contained  shall  be  construed  to  relieve  any 
officer  of  a  corporation  from  individual  liability  under  the  pro- 
visions of  this  act. 


154 


*  CHAPTER  26,    VOLUME  19. 

AN  ACT  in  Eelation  to  the  Levy  Court  of  New  Castle  County. 
*  *  H«  *  *  =1  * 


Election  and 
qualification  of 
Receiver  of 
Taxes  and 
County 
Treasurer 


Term  of  office 


Election  of 
Comptroller 


Term  of  office 


Section  6.  *  *  *  That  at  the  general  election  in  the 
year  A.  D.  1892,  and  the  general  election  in  each  and  every 
fourth  year  thereafter,  there  shall  be  voted  fdr  and  elected  by 
the  voters  of  New  Castle  Comity  qualified  to  vote  for  members 
of  the  General  Assembly,  a  person  being  a  resident  freeholder 
as  aforesaid,  to  fill  the  said  office  of  Receiver  of  Taxes  and 
County  Treasurer.  The  person  so  elected,  as  aforesaid,  shall 
hold  office  for  the  term  of  four  years,  commencing  on  the  first 
Tuesday  in  January  next  succeeding  his  election,  or  until  his. 
successor  shall  be  duly  qualified.     *     * 

Section  16.  *  *  *  That  at  the  general  election  in  the 
year  A.  D.  1892,  and  at  the  general  election^  in  each  and  every 
fourth  year  thereafter,  there  shall  be  voted  for  and  elected  by 
the  voters  of  New  Castle  County,  qualified  to  vote  for  members 
of  the  General  Assembly,  a  person,  being  a  resident  freeholder 
as  aforesaid,  to  fill  the  office  of  County  Comptroller.  The  per- 
son so  elected  as  aforesaid  shall  hold  office  for  the  term  of  four 
years,  commencing  on  the  first  Tuesday  in  January  next  suc- 
ceeding his  election,  or  until  his  successor  shall  be  dulv  quali- 
fied. '■''  >!=**** 


*Amended.     See  Chapter  50,  Volume  XXII. 


155 


CHAPTER  50,    VOLUME  22. 

AN  ACT  in  relation  to  the  Levy  Court  of  New  Castle  County. 

Be  it  enacted  by  the  Senate  ayid  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Section  i.  That  the  County  of  New  Castle,  for  the  purpose  divided  into 
of  this  Act  shall  be  and  the  same  is  hereby  divided  into  seven  seven  districts, 
districts,  as  follows,  to-wit :  One  shall  comprise  and  be  com- 
posed of  the  Second,  Fourth,  Sixth,  Eighth  and  Ninth  wards  of 
liic  City  of  Wilmington,  being  Representative  Districts  Number  °""  "'"" 
One  and  Number  Two  in  New  Castle  County,  as  the  same  now 
are  bounded  and  described  or  may  be  hereafter  extended  or  en- 
larged in  any  way,  and  the  said  district  shall  be  known  as  the 
First  Eevy  Court  District ;  another  shall  comprise  and  be  com- 
posed of  the  First,  Third,  Fifth,  Seventh,  Tenth,  Eleventh  and 
Twelfth  wards  of  the  City  of  Wilmington,  being  Representative 
Districts  Number  Three,  Number  Four  and  Number  Five  in 
New  Castle  County,  as  the  same  are  now  bounded  and  described 
or  may  be  hereafter  extended  or  enlarged  in  any  way,  and  the 
said  district  shall  be  known  as  the  Second  Levy  Court  District ; 
another  shall  comprise  and  be  composed  of  Brandywine  Hund- 
red, together  with  all  that  portion  of  Christiana  Hundred  lying 
north  of  and  bounded  by  the  central  line  of  the  Lancaster  Turn- 
pike, being  Senatorial  District  Number  Three  in  New  Castle 
County  and  the  said  district  shall  be  known  as  the  Third  Levy 
Court  District ;  another  shall  comprise  and  be  composed  of  Mill 
Creek  Hundred,togetherwith  all  that  portion  of  Christiana  Hun- 
dred lying  south  of  and  bounded  by  the  central  line  of  the  Lan- 
caster Turnpike,  being  Senatorial  District  Number  Four  in  New 
Castle  County, and  the  said  district  shall  be  known  as  the  Fourth 
Levy  Court  District ;  another  shall  comprise  and  be  composed 
of  White  Clay  Creek  Hundred,  Red  Lion  Hundred  and  New 
Castle  Hundred,  being  Senatorial  District  Number  Five  in  New 
Castle  County,  and  the  said  district  shall  be  known  as  the  Fifth 
Levy  Court  District ;  another  shall  comprise  and  be  composed 
of  Pencader  Hundred  and  St.  George's  Hundred,  being  Sena- 
torial District  Number  Six  in  New  Castle  County,  and  the  said 
district  shall  be  known  as  the  Sixth  Levy  Court  District ;  and 
the  remaining  districts  shall  comprise  and  be  composed  of  Ap- 
poquinimink  Hundred  and  Blackbird  Hundred,  being  Senatorial 
District  Number  Seven  in  New  Castle  County,  and  the  said  dis- 
trict shall  be  known  as  the  Seventh  Levy  Court  District. 

Section  2.     That  at  the  general  election  to  be  held  in  the  T^ o''* ''''^'*"^ 
I    year  A.  D.  one  thousand  nine  hundred  and  four,  and  at  the  gen- 
r*  eral  election  to  be  held  in  every  fourth  year  thereafter,  there 


156 


To  meet  for 
organization 
first  Tuesday  in 
January  after 
election. 


Governor  to 
appoint  in  case 
of  vacancy. 


Powers  of 


In  case  of  tie 
•vote  Governor 
to  appoint. 


Salary  of. 


shall  be  elected  from  among  the  resident  electors  of  each  of  said 
districts,  by  the  qualified  voters  thereof, one  person  to  be  a  Levy 
Court  Commissioner  of  New  Castle  County,  to  hold  ofBce,  as 
such  Commissioner,  for  the  term  of  four  years,  commencing  on 
the  first  Tuesday  in  the  month  of  January  next  following  each 
election. 

Section  3.  That  the  said  Levy  Court  Commissioners  so  to 
be  elected,  shall  thereafter  constitute  the  Levy  Court  of  New 
Castle  County,  and  shall  meet  for  organization  on  the  first 
Tuesday  in  January  after  their  election,  and  after  taking  the 
oath  prescribed  by  the  Constitution  shall  proceed  to  elect  one 
of  their  number  to  be  the  presiding  officer.  Four  of  the  Levy 
Court  Commissioners  shall  be  sufficient  for  the  purpose  of  or- 
ganization and  shall  constitute  a  quorum  for  the  transaction  of 
business.  The  said  Levy  Court  Commissioners  shall  have  the 
power  to  make  rules  for  their  government  not  inconsistent  with 
the  Constitution  and  the  laws  of  the  State,  and  after  their  said 
first  meeting  they  shall  meet  at  the  times  now  prescribed  by 
law  for  the  meetings  of  the  Levy  Court  of  said  county. 

Section  4.  In  case  of  the  death,  resignation,  inelgibility  or 
removal  from  the  Levy  Court  District  of  any  Commissioner 
elected  under  the  provisions  of  this  Act,  at  any  time,  it  shall  be 
the  duty  of  the  Governor  to  appoint  some  suitable  person  hav- 
ing the  qualifications  hereinbefore  required  in  that  behalf  to  fill 
the  vacancy  so  created  pursuant  to  the  provisions  of  the  Consti- 
tution in  that  behalf. 

The  Levy  Court  Commissioners  to  be  elected  under  this 
Act  shall  have  as  full  and  complete  jurisdiction  over  all  and  ev- 
ery the  matters  and  things  now  vested  by  law  in  the  Levy  Court 
of  New  Castle  County,  as  at  present  constituted  and  in  the  sev- 
eral members  thereof,  and  shall  exercise  every  po\Yer,  privilege, 
right  and  duty  which  now  belongs  to  the  said  Levy  Court  of 
New  Castle  County,  as  fully  and  completely  as  the  said  Levy 
Court  now  by  law  is  authorized  to  do. 

Section  5.  Should  any  two  or  more  persons  voted  for  as 
Levy  Court  Commissioners  in  any  district  receive  an  equal  and 
the  highest  number  of  votes  cast  at  any  election,  the  Superior 
Court  of  the  State  of  Delaware,  in  and  for  New  Castle  County, 
sitting  as  the  Board  of  Canvass  in  said  county,  shall  certify 
that  fact  to  the  Governor,  who  shall  forthwith  select  one  of  said 
persons  to  be  the  Levy  Court  Commissioner  from  said  district. 

The  Levy  Court  Commissioners  to  be  elected  under  the 
provisions  of  this  Act,  shall  receive,  as  full  compensation  for 
their  services,  the  sum  of  eight  hundred  dollars  annually,  in 
quarterly  installments  of  two  hundred  dollars  each,  by  warrants 
duly  drawn  upon  the  County  Treasurer. 


157 

Section  6.     That  from  and  after  the  time  this  Act  becomes  Levy  Coun  to 
a  law  until  the  thirty-first  day  of  December,  A.  D.   1904,  the  ^°^"^'^'°f^^^^'^' 
Levy  Court  of  New  Castle  County  shall  consist  and  be  com- 
posed    of     seven  Levy  Court  Commissioners,  to  wit :  the  five 
Levy  Court  Commissioners  elected  in  said  county  at  the  general 
election  in  November,  A.  D.  1900,  and  two  Levy  Court  Com- 
missioners to  be  appointed  by  the  Governor;  and  the  said  five  po°inrt"wo  a°ddF-' 
Levy  Court  Commissioners  so  elected  as  aforesaid,  and  the  said  tionai  members 
two  Levy  Court  Commissioners  so  to  be  appointed  as  aforesaid 
shall  constitute  the  Levy  Court  of  New  Castle  County  until  the 
time  aforesaid ;  and  the  Governor  is  hereby  authorized  and  em- 
powered to  appoint  two  suitable  persons  from  among  the  elec- 
tors of  said  county  to  be  Levy  Court  Commissioners  of  New 
Castle  County  as  aforesaid  for  the  term  aforesaid. 

The  said  Levy  Court  Commissioners  so  elected  and  so  ap- 
pointed shall  have,  possess,  enjoy  and  exercise  all  the  rights,  dutTeTofLtv 
powers,  privileges  and  duties  of  Levy  Court  Commissioners  of  Court  thus 
New  Castle  County,  now  vested  by  law  in  Levy  Court  Commis-  ~"^'''"'^^- 
sioners  of  New  Castle  County,  and  shall  each  receive  the  com- 
pensation now  fixed  by  law ;  and  the  said  Levy  Court  so  consti- 
tuted shall  have,  possess  and  enjoy  as  full  and  complete  juris- 
diction over  all  and  every  the  matters  and  things  now  vested 
by  law  in  the  Levy  Court  of  New  Castle  County,  as  at  present 
constituted,  and  shall  possess,  enjoy  and  exercise  fully  and  com- 
pletely all  and  every  the  powers,  privileges,  rights  and  duties 
that  the  Levy  Court  of  New  Castle  County  now  by  law  pos- 
sesses, enjoys  and  exercises. 

Section  7.  That  all  Acts  or  parts  of  Acts  inconsistent 
herewith,  or  repugnant  hereto,  or  supplied  or  manifestly  super- 
seded hereby,  be  and  the  same  are  hereby  repealed  and  made 
null  and  void. 

Approved  March  7,  1901. 


158 


Levy  Court 
how  composed. 


Districts. 


Election. 

Term. 

•Qualifications 

Districts 

Term 

Election 
Term 

District 
Term 


Vacancies 


CHAPTER  22,    VOLUME  21. 

AN  ACT  reorganizing  the  Levy  Court  of  Kent  County  and  Defining 

its  Powers  and  Duties. 

Be  it  enacted  by  the  Senate  and  House  of  Represe7itatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 


Section  i. 


* 


Tie  vote 


Section  2.  That  from  and  after  the  said  first  Monday  in 
June,  1898,  the  Levy  Court  of  Kent  County  shall  be  composed 
of  ten  members,  one  of  whom  shall  be  chosen  from  each  of  the 
ten  Representative  districts  into  which  Kent  county  is  divided 
by  the  Constitution  of  this  State,  in  the  manner  hereinafter  pro- 
vided. 

Section  -^^  *  *  *  *  .* 

Section  4.  That  at  the  general  election  to  be  held  in  the 
year  A.  D.  1898,  and  every  fourth  year  thereafter,  there  shall 
be  elected  for  the  term  of  four  years  from  among  the  resident 
freeholders  from  each  of  the  representative  districts  to  wit: 
Numbers  two,  three,  four,  eight  and  ten  by  the  cjualified  voters 
thereof,  one  person  to  be  Levy  Court  Commissioner  of  Kent 
County.  The  persons  elected  at  the  said  general  election  in  the 
year  A.  D.  1898,  shall  hold  their  respective  ofBces  until  the  first 
Tuesday  in  February,  A.  D.  1903,  and  until  their  successors  are 
duly  elected  and  qualified.  And  at  the  general  election  to  be 
held  in  the  year  A.  D.  1900  and  every  fourth  year  thereafter, 
there  shall  be  elected  for  the  term  of  four  years  from  among 
the  resident  freeholders  in  each  of  the  following  representative 
districts,  to  wit :  Numbers  one,  five,  six,  seven  and  nine  by  the 
qualified  voters  thereof,  one  person  to  be  a  Levy  Court  Com- 
missioner of  Kent  County.  The  persons  elected  at  the  said 
general  election  in  the  year  A.  D.  1900  shall  hold  their  respec- 
tive offices  until  the  first  Tuesday  in  February  A.  D.  1905  and 
until  their  successors  are  duly  elected  and  qualified. 

Section  ^_  *  *  *  *  * 

In  case  of  death,  resignation  or  removal  from  the  district  of  any 
Commissioner  elected  or  appointed  under  the  provisions  of  this 
act  it  shall  be  the  duty  of  the  Governor  to  appoint  some  suitable 
person  to  fill  such  unexpired  term,  having  the  qualifications 
hereinbefore  required  in  that  behalf.  *  *  *  * 

Should  any  two  or  more  persons  voted  for  as  Levy  Court  Com- 
missioners of  any  district  receive  an  equal  and  highest  number 
of  votes  cast  at  any  election  the  Board  of  Canvass  shall  certify 


159 

the  fact  to  the  Governor,  who  shall  forthwith  select  one  of  said  Appointment 

persons  to  be  Levy  Court  Commissioner  from  said  district,  who 

shall  hold  the  said  office  for  two  years  from  the  first  Tuesday  in 

February  then  next,  and  at  the  general  election  then  next  to  be 

held  in  "^aid  county  a  successor  shall  be  elected  in  said  district  Election  of 

for  the  unexpired  term  of  two  years.  *  *  *      successor 

Approved  May  19,  A.  D.  1898. 


CHAPTER  54,     VOLUME  22. 

AN  ACT  reorganizing  tha  Levy  Court  of  Sussex  County  and  Defining  its 

Powers  and  Duties. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  i.  That  from  and  after  the  first  Tuesday  in  Feb- 
ruary, A.  D.  1903,  the  Levy  Court  of  Sussex  County,  as  now  as^now  constitu- 
organized  and  constituted,  be  and  the  same  shall  be  abolished,  ,•shed°in^903°'" 
and  the  terms,  duties  and  powers  of  the  office  of  the  Levy  Court 
Commissioners  now  composing  the  Levy  Court  of  Sussex 
County  are  hereby  declared  to  be  terminated  and  ended  on  the 
said  first  Tuesday  in  February,  A.  D.  1903. 

Section  2.     That  from  and  after  the  said  first  Tuesdav  in  To  be  composed 
February,  A.  D.  1903,  the  Levy  Court  of  Sussex  County  shall  °f'-"'"<='"bers 
be  composed  of  ten  members,  one  of  whom  shall  be  chosen  from 
each  of  the  ten  Representative  Districts     into     which  Sussex 
County  is  divided  by  the  Constitution  of  the  State,  in  the  man-  ReprefeTitI?i'i''e 
ner  hereinafter  provided.  District 

Section  3.  That  at  the  general  election  to  be  held  in  the 
year  A.  D.  1902,  there  shall  be  elected  from  among  the  resident 
freeholders  from  each  of  the  odd  numbered  Representative  Dis- 
tricts, by  the  qualified  electors  thereof,  a  Levy  Court  Commis- 
sioner for  Sussex  County  for  said  districts  for  the  term  of  two 
years,  and  from  among  the  resident  freeholders  from  each  gven 
numbered  Representative  Districts,  by  the  qualified  electors 
thereof,  a  Levy  Court  Commissioner  for  Sussex  County  for  said 
•districts  for  the  term  of  four  years. 


How  elected 


i6o 


To  meet  for  or- 
ganization. 


Clerk  of  the 
Peace  to  have 
deciding  vote  in 
case  of  tie. 


To  make  rules. 
Meetings  of. 


Governoi  to  ap- 
point in  case  of 
vacancy. 


Jurisdiction. 


Section  4.  That  at  the  general  election  to  be  held  in  the- 
year  A.  D.  1904,  and  every  fourth  year  thereafter,  there  shall 
be  elected  for  the  term  of  four  years  from  among  the  resident 
free-holders  from  each  of  the  odd  numbered  Representative  Dis- 
tricts, by  the  qualified  electors  thereof,  one  person  to  be  Levy 
Court  Commissioner  of  Sussex  County.  The  persons  elected 
at  the  said  general  election  in  the  year  A.  D.  1904  shall  hold 
their  respective  offices  until  the  first  Tuesday  in  February,  A. 
D.  1909,  and  until  their  successors  are  duly  elected  and  quali- 
fied. And  at  the  general  election  to  be  held  in  the  year  A.  D. 
1906,  and  every  fourth  year  thereafter,  there  shall  be  elected 
for  the  term  of  four  years  from  among  the  resident  freeholders 
in  each  of  the  even  numbered  Representative  Districts,  by  the 
qualified  electors  thereof,  one  person  to  be  Levy  Court  Com- 
missioner of  Sussex  County.  The  persons  elected  at  the  said 
general  election  in  the  year  A.  D.  1906,  shall  hold  their  respec- 
tive ofifices  until  the  first  Tuesday  in  February  A.  D.  191 1,  and 
until  their  successors  are  duly  elected  and  qualified. 

Section  5.  The  persons  elected  Levy  Court  Commission- 
ers under  the  provisions  of  this  Act  shall  meet  for  organization 
on  the  first  Tuesday  in  February  following  their  election,  and 
shall  take  the  oath  of  office,  now  provided  by  law  for  Levy 
Court  Commissioners,  and  shall  organize  by  electing  one  of 
their  number  presiding  officer,  and  in  case  of  two  of  said  Levy 
Court  Commissioners  shall  receive  an  equal  and  highest  num- 
ber of  votes  for  said  presiding  officer,  and  in  case  there  shall  be 
a  tie  vote  on  any  other  cjuestion  whatever  (all  the  members  of 
said  Levy  Court  being  present  and  voting),  the  Clerk  of  the 
Peace  of  Sussex  County,  or  such  other  person  as  may  hereafter 
be  Clerk  of  the  Peace  of  the  said  Levy  Court,  shall  have  the  de- 
ciding vote.  Six  of  the  said  Levy  Court  Commissioners  shall 
be  sufficient  for  organization  and  shall  constitute  a  quorum  for 
the  transaction  of  business.  The  said  Levy  Court  Commis- 
sioners shall  have  power  to  make  rules  for  theii^government 
not  inconsistent  with  the  Constitution  and  the  laws  of  the  State 
of  Delaware ;  and  after  their  first  meeting  they  shall  meet  at 
the  County  Building  in  the  Town  of  Georgetown,  on  the  first 
Tuesday  in  each  and  every  month,  in  each  and  every  year,  ex- 
cepting the  months  of  June,  July,  August  and  September.  In 
case  of  death,  resignation  or  removal  from  the  district  of  any 
Commissioner  elected  or  appointed  under  the  provisions  of 
this  Act,  it  shall  be  the  duty  of  the  Governor  to  appoint  some 
suitable  person  to  fill '  such  unexpired  term  having  the  qualifi- 
cations hereinbefore  required  in  that  behalf.  The  Levy  Court 
Commissioners  appointed  and  to  be  elected  under  the  provi- 
sion of  this  Act,  shall  have  full  and  complete  jurisdiction  over 
all  and  every  the  mattters  and  things  now  vested  by  law  in  the 
Levy  Court  of  Sussex  County  as  at  present  constituted,  and  in 


i6i 

the  several  members  thereof,  and  shall  exercise  every  power,, 
privilege,  right  and  duty  which  now  belongs  to  the  Levy  Court 
of  Sussex  County,  as  fully  and  completely  as  the  Levy  Court 
now  by  law  is  authorized  to  do,  except  as  the  same  is  or  may 
be  modified  by  the  provisions  of  this  Act.  Should  any  two  or 
more  persons  voted  for  as  Levy  Court  Commissioners  of  any 
district  receive  equal  and  highest  number  of  votes  cast  at  any 
election,  the  Board  of  Canvass  shall  certify  to  the  fact  to  the  Board  of  Can- 
Governor,  who  shall  forthwith  select  one  of  said  persons  to  be  vass  to  certify 

T  r^  /-\  •        •  r  •  1      ^^  •  >iniiii         vote  to  Governor 

Levy  Court  Commissioner  from  said  district,  who  shall  hold  the  in  case  of  tie. 
said  oflfice  for  two  years  from  the  first  Tuesday  in  February,  Governor  to  ap- 
tlience  next  ensuing,  and  at  the  general  election  then  next  to  p°'"^  '""'■^  "^^"^ 
be  held  in  said  county,  a  successor  shall  be  elected  in  said  dis- 
trict for  the  unexpired  term  of  two  years.     The   Levy  Court  edfof tmexpire'cs 
Commissioners  appointed  and  to  be  elected  under  the  provi-  '^'•™- 
sions  of  this  Act  shall  be  paid  for  their  services  the  yearly  sum 
of  two  hundred  dollars  (200.00),  in  quarterly  instalments  of  fifty  Salary, 
dollars  each,  in  lieu  of  all  other  compensation,  by  warrants  duly 
drawn  on  the  County  Treasurer.     That  it  shall  be  the  duty  of 
the  present  Levy  Court  of  Sussex  County  and  every  Commis- 
sioner thereof,  and  every  person  having  control  or  possession 
of  any  records,  books,  papers  or  other  property  belonging  to 
the  said  Levy  Court  of  Sussex  County,  on  the  first  Tuesday  in  to  surrender 
February,  A.  D.  1903,  to  surrender  and  deposit  the  same  with  records,  books, 
the  Clerk  of  the  Peace  of  the  said  county,  who  shall  keep  the  the'peace.^'^  ° 
same  subject  to  the  control  of  the  Levy  Court  Commissioners 
elected  or  appointed  under  the  provisions  of  this  Act.     And  in 
case  the  said  Levy  Court,     or     any     Commissioner  thereof  as 
aforesaid,  shall  neglect  or  refuse  on  demand  of  said  Levy  Court 
Commissioners  appointed  or  elected  as  aforesaid  to  surrender 
or  deliver  up  such  records,  books,  papers  or  other  property  to 
the  said  Clerk  of  the  Peace  in  and  for  Sussex  County,  such  and 
every  person   so  neglecting  or  refusing  as  aforesaid   shall   be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  for- 
feit and  pay  a  fine  of  five  hundred  dollars,  and  be  imprisoned  p^^^j.    ^^^^^ 
for  the  term  of  one  year,  or  until  the  said  records,  books,  papers  fusing, 
or  other  property  shall  be  delivered  into  the  custody  of  the  said 
Levy  Court  or  Levy  Court  Commissioner. 

Section  6.     That  the  said  Levy  Court  Commissioners,  at 
their  first  meeting  in  Alarch,  A.  D.  1903,  and  in  each  and  every 
year  thereafter,  after  having  settled  with  the  collectors  of  the 
said  several  districts  as  hereinafter  provided,  shall  appoint  for  to .ippoint  .-< 
each  of  the  ten  Representative  Districts  one  qualified  voter  res-  i°"es7o'rfach 
ident  therein,  to  be  Collector  of  Taxes  of  said  district  for  the  district, 
vear  in  which  he   shall  be  appointed,  who  shall  have  all  the 
power  and  authority,  and  be  subject  to  all  the  requirements, 
qualifications  and  duties  heretofore  imposed  upon  Collectors  of 
Taxes  in  and  for  the  county  aforesaid. 


l62 


Duty  of  Collect-  ^^  shall  be  the  duty  of  said  several  collectors  in  said  county 

ors.  t(,  make  a  full  and  complete  settlement  with  the  Levy  Court  in 

March  in  each  and  every  year,  at  which  time  the  said  Levy 
Court  shall  allow  each     of     said  collectors  such  errors,  delin- 
quents and  uncollectable  taxes  as  it  shall  deem  meet  and  proper. 
After  such  errors,  delinquents  and  uncollectable  taxes  and  the 
per  centum  hereinbefore  provided  for  shall  be  allowed  and  de- 
ducted from  the  aggregate  amount  of  the  duplicate  delivered 
to  each  of  said  collectors,  if  then  any  or  all  of  said  collectors  are 
Collectors jnar-  jj-  arrcars  to  said  county,  such  collector  or  collectors  as  are  in 
forreappimt-^    arrears  shall  be  inelgible  for  reappointment  unless  such  arrear- 
"'^"'-  ages  shall  be  immediately  paid  over  to  the  County  Treasurer 

of  said  county. 


Offices  of  Trus- 
tees of  the  Poor 
terminated   A. 
D,  1903. 


Levy  Court  to 
appoint  ten 
Trustees. 


How  and  when 
appointed. 


Vacancies    to  be 
filled  by  Levy 
Court  at  any 
meeting  of. 

In  addition  to 
other  duties  to 
certify  to  Levy 
Court  amount 
necessary  for 
maintenance   of 
Almshouse. 


Levy  Court  to 
levy  tax  there- 
for. 


Section  7.  That  from  and  after  the  first  Tuesday  in  Feb- 
ruary, A.  D.  1903,  the  terms  of  office  of  the  several  Trustees  of 
the  Poor  heretofore  appointed  by  the  said  Levy  Court  of  Sus- 
sex County  shall  then  be  terminated  and  ended  and  the  Levy 
Court  Commissioners  appointed  and  to  be  elected  by  and  under 
the  provisions  of  this  Act,  be  and  they  are  hereby  authorized 
and  directed,  and  it  shall  be  their  duty  to  appoint  for  each  of 
said  Representative  Districts  a  qualified  voter  of  and  resident 
in  the  district,  and  the  person  so  appointed  shall  compose  the 
Trustees  of  the  Poor  for  Sussex  County.  The  said  Levy  Court 
shall,  at  its  first  meeting  in  February,  A.  D.  1903,  appoint  from 
the  odd  numbered  districts  five  Trustees  of  the  Poor,  who  shall 
serve  until  the  February  meeting  of  the  Levy  Court  in  the  year 
A.  D.  1905,  when  their  successors  shall  be  appointed  by  the  said 
Levy  Court  for  the  term  of  two  years,  and  likewise  every  two 
years  thereafter ;  and  five  other  Trustees  shall  be  appointed  by 
said  Levy  Court  at  its  first  meeting  in  Fel^ruary,  A.  D.  1903, 
from  the  even  numbered  districts,  who  shall  serve  until  the 
February  meeting  of  the  Levy  Court  in  the  year  A.  D.  1904, 
when  their  successors  shall  be  appointed  by  the  said  Levy  Court 
for  the  term  of  two  years,  and  likewise  every  two  years  thereaf- 
ter. In  case  of  a  vacancy  or  vacancies  happening  by  death  or 
otherwise,  the  Levy  Court  shall  at  any  meeting  thereof  fill  the 
same  for  the  unexpired  term.  In  addition  to  the  powers  and 
duties  now  possessed  and  imposed  on  the  Trustees  of  the  Poor 
of  Sussex  County  aforesaid  it  shall  be  their  duty  to  certify  to 
the  Levy  Court,  on  or  before  the  first  Tuesday  in  March,  A.  D. 
1904,  and  in  each  and  every  year  thereafter,  an  estimated 
amount  of  the  appropriation  which  it  will  require  for  the  main- 
tenance of  the  Alms  House  for  the  year  succeeding,  beyond  the 
produce  and  income  derived  from  the  Alms  House  farm;  and 
the  said  Levy  Court  shall  levy  a  proper  rate  for  that  purpose, 
to  be  levied  with  the  other  county  rates,  and  to  be  collected  by 
the  county  collectors  of  said  county  as  provided  by  this  Act. 


i63 

Section  8.     That  for  all  work  and  labor  required  to  be  done 
upon  the  public  roads  of  said  county,  or  for  the  construction,  re- 
pair and  maintenance  of  bridges  which  are  maintained  at  public 
expense,  and  for  all  materials,  tools,  implements  and  machinery 
to  be  furnished,  had,  used,  for  or  on  account  of  said  county,  hi°ex^cess  of's2oo 
W'here  the  cost  in  any  particular  case,  section  or  district  which  f*'''*l'j^''u''''\^ 
may  be  established  by  said  Levy  Court,  which  will  probably  ex- 
ceed two  hundred  dollars,  the  Levy  Court  shall  publicly  adver- 
tise for  proposals  for  the  doing  of  said  work  and  for  the  furnish- 
ing of  said  materials,  tools,  implements  and  machinery,  and  shall 
give  the  contract  to  the  lowest,  competent  and  responsible  bid- 
der or  bidders,  and  the  Levy  Court  shall  require  of  each  bidder  Bidder  or^bid- 
or  bidders     a     bond  to  the  vState     of     Delaware  in  double  the  bond, 
amount  of  such  bid,  with  surety  or  sureties  to  be  approved  by 
the  said  Levy  Court  for  the  faithful  performance  of  such  con- 
tract. 

Section  9.     That  it  shall  be  the  duty  of  the  said  Levy  Court 
of  Sussex  County  at  its  first  meeting  in  March,  A.  D.  1903,  and  0^°  rs''ee?i"n each 
in  each  and  every  year  thereafter,  to  appoint  for  each  of  said  representative 
ten  Representative  Districts  one  or  more  qualified  voters  resi- 
dent therein  to  be  Overseer,  or  Overseers  of  Roads,  whose  du- 
ties, powers,  qualifications  and  requirements  shall  be  the  same 
as  now  required  and  imposed  by  law  upon  Road  Overseers,  ex- 
cept   as     herein  provided ;  provided,  that  the  said  Levy  Court 
shall  not  assign  to  any  of  said  Road  Overseers  a  road  lying  part- 
ly in  two  or  more  districts.     And  further  Provided,  that  where 
a  road  is  the  dividing  line  between  two  districts  an  Overseer 
therefor  may  be  appointed  from  either  district.     And  it  shall  court  c^ommis- 
bc  the  dutv  of  each  of  said  Lew  Court  Commissioners  on  such  ^ioner  to  settle 

,  .-r^-,  AT^  '11111-  i  1-  1     With  Overseers 

davs  m  February,  A.  D.  1903,  as  he  shall  designate,  and  m  each  of  his  district, 
and  every  year  thereafter,  to  settle  with  the  said  Road  Over- 
seers in  his  district  at  some  central  and  convenient  place  to  be 
bv  him  designated,  notice  of  which  time  and  place  of  meeting 
shall  be  given  to  each  of  said  several  Road  Overseers  by  each  Notice  of  meet- 
of  said  Lew  Court  Commissioners,  either  in  person  or  by  let-  ing. 
ter  at  least'ten  days  before  the  time  of  meeting,  and  the  said 
Levy  Court  Commissioners,  and  shall  make  a  report  in  writing  LevyCourt- 
to  said  Levy  Court  at  its  next  session,  which  report  shall  show  ['^°^J]:^'?,'°;;,^;'^d 
an  itemized  statement  of  all  expenditures  made  by  each  of  said  report  to  Un-j-- 
Road  Overseers,  accompanied  by  the  stubs  of  orders  drawn  on 
the  County  Treasurer  for  all  such  items.     Provided,  that  no  per  ^^^^^  ^.^^^^^ 
diem  or  mileage  shall  be  allowed  to  any  Road  Overseer  or  Levy  said  meeting. 
Court  Commissioner  for  or  on  account  of  attending  said  meet- 
ing or.  making  said  report. 

Section  10.  That  the  said  Levy  Court  shall,  on  the  first 
Tuesdav  in  March,  A.  D.1903,  and  in'each  and  every  year  there- 
.•after,  appoint  for  each  of  the  said  several    ten     Representative 


ib4 


Districts  at  least  one,  and  as  many  more  as  the  law  provides, 
qualified  voters  resident  therein,  to  be  Constable  or  Constables 
for  the  said  districts  for  the  year  in  which  they  shall  be  appoint- 
ed and  who  shall  have  all  the  power  and  authority  and  shall  be 
subject  to  all  the  requirements,  qualifications  and  duties  hereto- 
fore imposed  or  obligated  by  law  upon  Constables  in  and  for 
Sussex  County  aforesaid. 

Section  ii.  That  the  votes  of  a  majority  of  all  the  mem- 
bers elected  to  said  Levy  Court  shall  be  necessary  to  elect  or 
appoint  all  officers  that  the  said  Levy  Court  is  now,  or  may  be 
hereafter  authorized  by  law  to  elect  or  appoint ;  provided,  that 
in  case  of  a  tie  between  the  two  candidates  receiving  the  high- 
est number  of  votes  the  Clerk  of  the  Peace  of  Sussex  County,, 
or  such  other  person  as  may  hereafter  be  the  Clerk  of  the  said 
Levy  Court,  shall  have  the  deciding  vote,  as  hereinbefore  pro- 
vided for.  And  further  provided,  that  each  Levy  Court  Com- 
missioner shall  nominate,  and  the  Levy  Court  shall  elect,  all 
officers  for  their  respective  districts  which  said  Levy  Court  is- 
now  or  may  be  hereafter  authorized  by  law  to  elect  or  reap- 
point, which  officers  are  not  by  law  required  to  enter  bond. 

Grand  and  petit  Scctiou  12.     The  said  Lcvy  Court  in  selecting  Grand  and 

iwediquaUy''    Pctit  Jurors  shall  apportion  the  number  required  by  law  among 
t'rlc'ts""  '^'''       ^^""^  several  Representative  Districts  equally  as  may  be. 

All  consistent  Scctiou  13.     That  all  existing  laws  in  relation  to  the  Levy 

be'a'"1iMWe'°  Court  of  Susscx  County  shall  be  applicable  to  the  Levy  Court 
of  Sussex  County  as  composed  and  constituted  under  the  provi- 
sions of  this  Act,  so  far  as  they  are  consistent  herewith. 

Section  14.     All  acts  or  part  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

Approved  March  9,  A.  D.  1901. 


Levy  Court  to 
appoint  Con- 
stable in  each 
representative 
district. 


Powers  of. 


Majority  to  elect 
all  officers. 


Clerk  of  the 
Peace  to  decide 
tie  vote. 


Levy  Court 
Commissioner 
of  each  district 
to  have  right  to 
nominate  all 
officers  therein 
except  those 
subject  to  bond. 


i65 


CHAPTER  2j,    VOLUME  19. 

Of  the  Election  of  County  Treasurer. 


Section  5.     At  the  general  election     to     be    held  in  Kent  Eig^-tjonof 
County  in  November,  A,  D.  1892,  and  at  every  general  election  County  ireas- 
to  be  held  thereafter  in  said  county,  the  citizens  thereof,  having  "''^''' 
a  right  to  vote  for  representatives,  shall  elect  by  ballot  some 
person  resident  in  said  county,  to  be  County  Treasurer,  who 
shall  hold  his  ofifice  for  the  term  of  two  years  commencing  on 
the  Thursday  next  following  the  first  Tuesday  in  February  next  Term  of  office, 
succeeding  said  gene'-al  election.  =!:  *  *  » 


CHAPTER  28,     VOLUME  19. 

Of  the  Election  of  County  Treasurer. 

*  :fe  ^  *  :js  ic 

Section  5.     At  the  general  election  to  be  held    in    Sussex  Election  of 
County  in  November,  A.  D.  1892.  and  at  every  general  election  ^ °g""'>' '^'■*^*" 
to  be  held  thereafter  in  said  county,  the  citizens  thereof,  having 
a  right  to  vote  for  representatives,  shall  elect  by  ballot  some 
person  resident  in  said  county  to  be  County  Treasurer,  who 
shall  hold  his  office  for  the  term  of  two  years,  commencing  on 
the  Thursday  next  following  the  first  Tuesday  in  February  next  Term  of  office, 
succeeding  said  general  election,  *  *  *  * 


1 66 


Road  Commis- 
sioners. 


CHAPTER  31,    VOLUME  17.* 

AN  ACT  in  relation  to  the  Election  of  Boad  Commissioners  in  New 

Castle  County. 

Election  of  Scction  I.     The  qualified  voters  of  the  several  hundreds  in 

^""""^  New  Castle  county  shall,  biennially,  at  the  general  election  held 

on  the  Tuesday  next  after  the  first  Monday  in  November  elect 
the  Road  Commissioners  for  said  hundred  according  to  the  ro- 
tation now  established.  All  of  said  Commissioners  whose  terms 
of  office  would  otherwise  have  expired  before  the  time  of  hold- 
CommLion^er^s"  iug  the  general  election  next  after  the  passage  of  this  act  shall 
continue  to  hold  office  until  the  time  of  holding  the  same. 

Certificates.  Scctioii  2.     Immediately  upon  closing  the  election  afore- 

said in  the  several  hundreds  and  ascertaining  the  state  of  the 
vote  the  Inspector  and  Judges  of  the  election  in  said  hundred, 
unless  said  hundred  is  divided  into  two  or  more  election  dis- 
tricts, shall  make  and  sign  certificates  of  the  person  or  persons 
elected  Road  Commissioner  or  Commissioners,  as  the  case  may 

m?tred°™  "^^"*"  be,  and  shall  cause  the  same  to  be  transmitted  without  delay,  to 
wit :  One  to  each  of  the  Road  Commissioners  elected  and  one 
to  the  Clerk  of  the  Peace  of  the  county,  to  be  filed  in  his  office. 
Said  certificates  shall  be  of  the  following  form,  viz. : 

F,,^  NEW  CASTLE  COUNTY,  ss. 

At  the  general  election  held  in hundred  on  the  Tues- 
day next  after  the  first  Monday  in  the  year  of  our  Lord  one 
thousand  eight  hundred was  duly  elected  road  com- 
missioner for  said  hundred. 

In  testimony  whereof  we,  the  judges  of  said  election  for 
said  hundred,  have  hereunto  set  our  hands  the  day  and. year 
aforesaid. 

Certificates  Scctiou  3.     If  the  Said  hundred  in  which  said  election  is  held 

di'itded""'^'^*'^  '*  is  divided  into  two  or  more  election  districts,  the  inspector  and 
judges  in  each  of  said  election  districts  shall  make  and  sign  a 
certificate  of  the  number  of  votes  given  for  each  person  voted 
for  as  road  commissioner.  The  inspectors  and  judges  of  each 
of  the  election  districts  of  said  hundred  shall  assemble  on  the 
day  next  succeeding  said  election,  at  the  same  time  and  in  the 
same  places  of  voting  as  now  by  law  required  for  the  meeting 
wjienand  of  presiding  officers  and  judges  of  the  election  heretofore  held 
on  the  first  Tuesday  in  October,  and  ascertain    the    aggregate 

*As  to  Brandywine  Hundred,  See  Chapter  50,  Volume  XX,  Laws  of  Delaware. 


Meeting. 


where. 


167 

number  of  votes  given  in  said  election  districts  for  each  person  Ascertainment 
voted  for  for  road  commissioner,  and  the  person  or  persons,  ac-  °*  ''°'^' 
cording  as  there  may  be  one  or  more  elected,  having  the  high- 
est number  of  votes  for  road  commissioner  or  commissioners, 
shall  be  declared  duly  elected  road  commissioner  or  road  com- 
missioners ;  and  the  said  inspectors  and  judges  of  said  election  Certificate, 
districts  in  said  hundred  shall  make,  sign  and  transmit  certifi- 
cates of  said  election,  as  provided  in  Section  2  of  this  act.     If 
two  candidates  for  said  oflfice  of  Road  Commissioner  or  Com-  Tie. 
missioners  shall  have  the  highest  and  an  equal  number  of  votes, 
a  casting  vote  shall  be  given  by  the  presiding  ofificer  of  said 
election,  or,  in  case  said  hundred  is  divided  into  two  or  more 
election  districts,  by  the  presiding  officer  of  the  election  district 
of  said  hundred,  as  directed  by  the  several  acts  of  the  General 
Assembly  dividing  the  several  hundreds  into  two  or  more  elec- 
tion districts,  which  casting  vote  so  given  shall  elect  the  candi- 
date in  whose  favor  it  is  given. 


i68 


Qualified  elec- 
tors of  New- 
Castle  not  to 
vote  for  Road 
Commissioners. 


Official  ballots 
for  voters  of 
City  of  New 
Castle  not  to 
contain  names 
of  Road 
Commissioners. 


CHAPTER  65,    VOLUME  22. 

^N  ACT  in  relation  to  the  Election  of  Road  Commissioners  in  M"ew 

Castle  Hundred. 

Be  it  enacted  by  the  Senate  and  Hojise  of  Represefttatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Whereas,  The  Road  Commissioners  of  New  Castle  Hun- 
dred have  no  authority  over  the  roads  and  streets  within  the 
corporate  hmits  of  the  City  of  New  Castle. 

Therefore  be  it  enacted  by  the  authority  aforesaid,  as  fol- 
lows: 

Section  i.  That  from  and  after  the  passage  of  this  Act  no 
qualified  elector  who  is  a  resident  of  the  City  of  New  Castle 
shall  have  the  right  to  vote  at  any  general  or  special  election 
for  any  Road  Commissioner,  or  Road  Commissioners,  to  be 
elected  in  the  said  Hundred. 

Section  2.  At  every  election  hereafter  held  at  which  a  Road 
Commissioner  is  to  be  elected  the  official  ballots  shall  be  so 
prepared  that  those  to  be  used  by  residents  of  the  City  of  New 
Castle  shall  not  contain  the  candidates  to  be  voted  for  as  Road 
Commissioners,  while  all  ballots  to  be  used  in  other  portions  of 
said  New  Castle  Hundred  at  such  elections  shall  contain  the 
names  of  the  candidates  for  said  office. 

Approved  March  14,  A.  D.  1901. 


169 


CHAPTER  255,    VOLUME  22. 

AN  ACT  to  change  the  voting  place  in  the   Second  Election   District  of 
the  Eleventh  Representative  District  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in   General  Assembly  met: 

Section  i.     That  after  the  approval  of  this  Act  all  persons 
•entitled  to  vote  at  any  general  or  special  election  in  the  Second  2d°E"fction  rirs- 
Eiection   District  of   the   Eleventh   Representative   District   in  Re^p'resimativl' 
New  Castle  County,  shall  vote  at  the  public  house  of  William  District  to  be  at 
Smith,  at  Kirkwood,  known  as  the  Kirkwood  Hotel,  in  said  dis-  HoteK°° 
trict. 

Section  2.     That  all  acts  or  parts  of  acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 

Approved  March  24,  A.  D.  1903. 


I70 


CHAPTER  7,,    VOLUME  22. 

AN  ACT  changing  the  boundaries  of  the  Third  and  Fourth  Election  Dis- 
tricts of  the  Tenth  Representative  District,  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Boundaries  of  All  that  part  of  Ncw  Castle  Hundred  south  of  the  New  Cas- 

Di's^riaorioth  tie  and  Christiana  road  and  Delaware  Street,  in  the  town  of 
Representative    New  Castle,  to  where  it  is  crossed  by  the  Delaware  Railroad' 

Xjistrict  • 

changed.  cut-off,  and  west  of  the  Delaware  Railroad  cut-ofif,  to  where  it 

connects  with  the  main  line  of  the  Delaware  Railroad,  and  west 
of  the  main  line  of  the  Delaware  Railroad,  to  where  it  is  crossed 
by  the  State  road,  thence  southerly  by  the  State  road  to  the 
boundary  line  between  Red  Lion  Hundred  and  New  Castle 
Hundred,  shall  be  known  as  the  Third  Election  District  of  the 
Tenth  Representative  District. 

Boundaries  of  ^11  that  part  of  Ncw  Castlc  Hundred  south  of  Delaware 

Fourth  Election  Street  beginning  at  the  Delaware  River  and  following  the  line 
RepresentaUve  of  Said  Delaware  Street  westerly  to  the  Delaware  Railroad  cut- 
Sian'^'ed  o^'  thcucc  by  the  line  of  said  cut-of¥  railroad  to  its  intersection 

with  the  main  line  of  the  Delaware  Railroad,  thence  by  said 
main  line  of  the  Delaware  Railroad  to  where  it  is  crossed  by 
the  State  road,  thence  southerly  along  State  road  to  the  bound- 
ary line  between  Red  Lion  Hundred  and  New  Castle  Hundred, 
shall  be  known  as  the  Fourth  Election  District  of  the  Tenth 
Representative  District. 

Approved  March  23,  A.  D.  1901. 


171 


CHAPTER  4,    VOLUAIE  22. 

AN  ACT  to  chsnge  the  voting  place   in  the   Second   Election   District  of 
the  Eleventh  Representative  District  in  New  Castle  County. 

Be  it  enacted  by  the  Senate  and  Honse  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  i.     That  all  persons  entitled  to  vote  at  all  general  Place  of  holding 
and  special  elections    in    the  Second  Election  District    of    the  Ekcti'on  dis" 
Eleventh  Representative  District  in  New  Castle  County,  shall  rej^g'^f^tive  ^^- 
vote  at  School  House  in  School  District  No  S7  in  said  District,  "ict,  New  cas- 

'^'  tie  County. 

Section  2.     That  all  Acts  or  parts     of     Act     inconsistent 
herewith  be  and  the  same  are  hereby  repealed. 

Approved  March  9,  A.  D.  1901. 


CHAPTER  54,    VOLUME  23. 

AN  ACT  to  establish  the  voting  place  of  the  Third  Election  District  of  the 
Tenth  Representative  District,  in  New  Castle  Hundred,  New  Castle 
County,  Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Section  i.     That  from  and  after  the  passage  of  this  Act  the 
voting  place  for  all  elections  to  be  held  in  the  western  election  fotfp^''p'fa"f 
district  of  New  Castle  Hundred,  known  as  the  Third"  Election  foj^JirdEUo- 
District  of  the  Tenth  Representative  District    of     New  Castle  Tenth  Repre- 
County,  Delaware,  shall  be  at  the  Store  situate  on  the  north-  '^ri^t^NevJcas- 
west  corner  of  Ninth  Street  and  Washington  Avenue     of     the  11=  County, 
municipality  of  New  Castle. 

Section  2.     This  Act  shall  be  deemed  and  taken  to  be  a 
public  Act. 

Approved  March  16,  A.  D.  1905. 


172 


CHAPTER  158,    VOLUME  21. 

AN  ACT  to  divide  Kenton   Hundred  and  Representat  ve  District  Num- 
ber Three  of  Kent  County  into  two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  Hoicse  of  Representatives  of  the 
State  of  Delaware  i7i  Ge7ieral  Asse?ubly  met. 

Representative  Scctioii  I.     That  for  the  purposc  of  holding  elections  for 

divided  int°o  two  Hundred,  District,  County  and  State  offices  in  Kenton  Hund- 
m'cts'°°^'^'  ^^^  ^"^^  Representative  District  number  three  of  Kent  County 
the  said  Hundred  and  Representative  District  is  hereby  divided 
Dividing  line,  into  two  Elcction  Districts,  viz :  By  a  line  beginning  at  a  point 
on  the  line  between  the  State  of  Maryland  and  the  State  of  Del- 
aware where  the  said  State  line  is  intersected  by  the  centre  line 
of  the  road  leading  from  Millington  to  Clayton ;  thence  along 
the  centre  line  of  said  road  in  an  easterly  direction  to  the  cen- 
tre line  of  the  road  leading  to  the  Middle  Alley  road  and  the 
Kenton  road ;  thence  along  the  centre  line  of  the  said  road  lead- 
ing to  the  Middle  Alley  road  and  the  Kenton  road,  in  a  souther- 
!}•  direction,  to  the  centre  line  of  the  Kenton  road,  thence  along 
the  centre  line  of  said  Kenton  road,  in  an  easterly  direction,  to 
the  "Whitehouse ;"  thence,  in  a  southerly  direction  along  the 
centre  line  of  the  road  leading  from  the  "Whitehouse"  to  the 
road  leading  from  Springs  Mills  to  Brenford,  and  thence  in  an 
easterly  direction  along  the  centre  line  of  said  road,  leading 
from  Spring's  Mills  to  Brenford,  to  the  centre  line  of  the  Dela- 
ware railroad  at  Brenford.  All  that  part  of  Kenton  Hundred 
and  Representative  District  number  three  of  Kent  County  lying 
Second  Election  uorth  and  cast  of  Said  dividing  line  shall  be  the  first  Election 
District  of  Representative  District  Number  three  of  Kent 
County ;  and  all  that  portion  of  said  hundred  and  representative 
district  lying  south  and  west  of  said  dividing  line  shall  be  the 
Second  Election  District  of  Representative  District  Number 
three  of  Kent  County. 

Approved  March  9,  A.  D.  1899. 


First  Election 
District. 


District. 


173 


CHAPTER  6,    VOLUME  22. 

AN  ACT  designating  the    voting    plate  in  the   First   Election    District  of 
Representative  District  Number  Three  of  Kent  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  viet. 

Section  i.     That  after  this  Act  becomes  a  law,  every  sren-  p,  ^„  , .  ...  „ 

•11         •  111'  X-*-  T-*i         -T^''  p   "'^ce  of  holding 

era!  and  special  election  held  m  the  First  Election  District  of  elections  in 
Representative  District  Number  Three  of  Kent  County,  shall  be  trict'No.  i  of 
held  at  the  times  and  in  the  manner  fixed  bv  law  in  the  buildinsf  Rfpresentative 

11  ^^M  TT     if'i  •  1  r  District  No.  3. 

now  occupied  and  used  by   ihomas  iiolhday,  m  the  town  of 
Clayton,  as  and  for  a  wheelwright  shop. 

Approved  February  i8,  A.  D.  190 1. 


CHAPTERS,    VOLUME  22. 

AN  ACT  designating  the  voting  place  in  the  Second  Election  District  of 
Representative  District  Number  Three  of  Kent  County. 

Be  it  enacted  by  the  Senate  and  Honse  of  Represe?itatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Section  i.     That  after  this  Act  becomes  a  law,  every  Gen- 
eral and  Special  Election  held  in  the  Second  Election  District  P^^^<i^°^, ']°''^'"^ 
of  Representative  District  Number  Three  of  Kent  County,  shall  Election  Dis- 
be  held  in  the  building  now  kept  as  an  inn,  tavern  and  hotel,  by  ReVese'nt^ative 
Samuel  Fortner,  in  the  town  of  Kenton.  ^''''''='  ^°-  ■^• 

Approved  February  18,  A.  D.  1901. 


174 


CHAPTER  9    VOLUME  22. 

AN  ACT  to  divide  Representative  District  Number  Seven  of  Kent 
County  into  two  Election  Districts. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Representative  Sectioii  I.     That  for  the  purposc  of  holding  elections  for 

divided' i!^to  two  District,  County  and  State  ofifices     in     Representative  District 
■election  districts  Numbcr  Scvcn  of  Kent  Coimty,  the  said  Representative  District 
is  hereby  divided  into  two  Election  Districts,  viz : 


Boundaries 
thereof. 


Camden  to  be 
voting  place  in 
Election  Dis- 
trict No.  I. 

Woodside  to  be 
voting  place  in 
Election  Dis- 
trict, No.  2. 


By  a  line  beginning  at  Stubbs  Corner  where  the  public  road 
from  Camden  to  Willow  Grove  intersects  the  northern  line  of 
the  Sixth  Representative  District  of  Kent  County  and  following 
the  centre  line  of  the  said  Camden  and  Willow  Grove  road  in  a 
northeasterly  direction  to  the  centre  line  of  the  Cedar  Lane 
road ;  thence  along  the  centre  line  of  the  Cedar  Lane  road,  in  a 
southeasterly  direction  to  the  centre  line  of  the  public  road 
from  Camden  to  Canterbury ;  thence  along  the  centre  line  of 
the  said  Camden  road  a  short  distance  in  a  northerly  direction 
to  the  centre  line  of  the  public  road  leading  to  Green's  Mill  and 
Rising  Svm ;  thence  along  the  centre  line  of  the  Green's  Mill 
and  Rising  Sun  road  in  an  easterly  direction  to  the  centre  line 
of  the  public  road  leading  from  Camden  to  Magnolia  at  Rising 
Sun ;  thence  following  the  centre  line  of  the  said  Camden  and 
Magnolia  road  in  a  southeasterly  direction  to  the  northern  line 
of  the  Eighth  Representative  District  of  Kent  County.  All  that 
part  of  Representative  District  Number  Seven  of  Kent  County 
lying  north,  east  and  west  of  said  dividing  line  shall  be  the  First 
Election  District  of  Representative  District  Number  Seven  of 
Kent  County,  and  all  that  portion  of  said  Representative  Dis- 
trict lying  south,  east  and  west  of  said  dividing  line  shall  be  the 
Second  Election  District  of  Representative  District  Number 
Seven  of  Kent  County. 

Section  2.  That  the  town  of  Camden,  Kent  County,  shall 
be  the  voting  place  of  the  First  Election  District  of  the  said 
Representative  District,  and  the  town  of  Woodside,  Kent  Coun- 
ty, shall  be  the  voting  place  of  the  Second  Election  District  of 
the  said  Representative  District. 

Approved  March  9,  A.  D.  1901. 


175 


CHAPTER  13,    VOLUME  22. 

AN  ACT  designating  the  voting  places  in  the  Second  and  Third  Election 
Districts  of  the  Tenth  Representative  District  of  Sussex  County. 

Be  it  ejiaded  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  7?iet. 

Section  i.     That  after  this  Act  becomes  a  law  every  general  voting  place  in 
and  special  election  held  in  the  new  Second  Election  District  I'l^';;^^''^"^ 
of  the  Tenth  Representative  District  of  Snssex  County  shall  be  inct  of  Repre- 
held  at  the  place  heretofore  designated  bv  law  for  holding  elec-  trict*No.  10 10 
tions  in  the  Second  Election  District  of  the  Tenth  Representa- ^«  «^ ''^'^°^^- 
tive  District  of  Sussex  County,  and  every  general  and  special  voting  pUce  of 
election  held  in  the  Third  Election  District  of  the  Tenth  Repre-  trict'No.  s'of 
sentative  District  of  Sussex  County  shall  be_  held     at     Henry  ^tsuta  no.'To 
Wolf's  Old  Store,  or  as  near  thereto  as  practicable,  in  said  dis-  to  be  at  or  near 

'  '■  Henry  Wolf  s 

:lnct.  Old  Store. 

Approved  March  14,  A.  D.  1901. 


176 


CHAPTER  12,    VOLUAIE  22. 

AN  ACT  to  divide  the  Second  Election  District  of  the  Tenth  Representa- 
tive District  of  Sussex  County  into  two  Election  Districts. 

Be  it  enacted  by  the  Seiiate  and  House  of  Representatives  of  the 
State  of  Delaware  in  Ge?ieral  Assembly  met. 

Election  Dis-  Scction  I.     That  for  the  purpose  of  holding  elections  for 

trict  No.  2  of  Hundred,  District,  County  and  State  officers  in  what  is  now  the 

rfs^tria  No'.'^io  Second  Election  District  of  the  Tenth  Representative  District 

ofsussex  Co  Qf  Sussex  Countv,  the  said  Election  District  is  hereby  divided 

divided  into  two  .  .^  .      •'  '  .  .     ,,  -r-.  ,.,-.. 

election  districts  luto  two  Elcction  Distncts,  as  follows :  By  a  line  beginning  at 
Broadkiln  Inlet  at  the  entrance  to  the  Delaware  Bay ;  thence  up 

Boundaries.  Broadkilu  Souud  on  a  line  of  Broadkiln  Hundred  to  Broadkiln 
River;  thence  up  said  river  to  Mill  Creek;  thence  up  said  Mill 
Creek  to  Black  Oak  Gut;  thence  up  Black  Oak  Gut  and  across 
the  new  road  leading  from  Lewes,  to  Nassau  to  the  old  road 
leading  from  Milton  to  Lewes,  at  or  near  Yellow  Hill  School 
House ;  thence  with  said  public  road  by  way  of  Five  Points  and 
Prettyman's  Corner  to  the  public  road  leading  from  Lewes  to 
Rehoboth,  at  William  H.  A-'irdin's  farm  ;  thence  in  a  southeast- 
erly direction  across  said  Virden  farm  and  southwest  of  the  farm 
house  to  the  head  of  Wolf's  Glade ;  thence  down  and  with  the 
stream  in  said  Wolf's  Glade  to  Lewis  Creek ;  thence  turning 
and  running  in  an  easterly  direction  to  a  point  at  the  ocean 
shore,  one-half  mile  south  of  Cape  Henlopen  Life  Saving  Sta- 
.  tion.  All  that  part  of  the  Second  Election  District  of  the  Tenth 
Representative  District  of  Sussex  County  lying  on  the  north 
side  of  said  dividing  line  shall  remain  and  be  the  Second  Elec- 
tion District  of  the  Tenth  Representative  District  of  Sussex 
County ;  and  all  on  the  south  side  of  said  dividing  line  shall  be 
the  Third  Election  District  of  the  Tenth  Representative  Dis- 
trict of  Sussex  County. 

Approved  March  14.  A.  D.  1901. 


177 


CHAPTER  10,    VOLUME  22. 

AN  ACT   dividing  the   Fifth   Bepresentative   District   of  Sussex   County 
into  two  Election  Districts  by  a  new  dividing  line  of  said  district. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaicare  in  General  Assembly  met: 

Section  i.  That  for  the  purpose  of  holding  elections  for 
Hundred,  District,  County  and  State  offices  in  the  Fifth  Repre- 
sentative District  of  Sussex  County,  the  said  Representative 
District,  in  lieu  of  the  present  subdivision  into  election  districts, 
viz. : 

At  Warrington's  Store,  thence  in  a  westerly  course  by  the 
farm  of  E.  H.  Warrington,  thence  over  the  branch  by  the  farm  boundary  lines 
of  T.  Cannon  to  the  junctions  of  the  road;  thence  in  a  north- "f'^e two eiec- 

.  -'  .  rmn'  iTt-jr         1  tion  distncts 

westerly  direction  by  the  residence  of  i.  vVard  and  J.  Ward  to  of  Representa- 
the  mill  stream  of  Ellis'  Mills,  over  the  stream  to  the  main  coun-  n'o*  jofsussex 
try  road  leading  from  Laurel  to  Smith's  iVlills  by  Kings  Church ;  County. 
thence  in  a  westerly  course  by  a  new  road  by  the  farm  of  E.  C. 
Gordy  to  the  old  State  road ;  thence  south  down  the  old  State 
road  to  Mrs.  H.  Lynch  ;  thence  in  a  westerly  course  by  the 
farm  of  E.  Ollephant  and  the  farm  of  S.  Hill  to  the  main  road 
leading  from  Laurel  to  Delmar ;  thence  in  a  northerly  direction 
to  the  road  leading  to  Bacon's  Switch ;  thence  in  a  westerly  di- 
rection leading  to  Bacon's  Station,  across  the  railroad,  down 
the  main  country  road  by  Jonathan  Rickards,  by  the  farm  of  J. 
W.  Rickards  till  it  strikes  the  road  leading  to  Spring  Hill; 
thence  southerly  to  fork  of  road  near  Ralph  Store ;  thence  in 
northerly  direction  to  the  land  of  Charles  Walson ;  thence  in  a 
westerly  course  around  said  land  back  ;  thence  in  a  westerly  di- 
rection to  the  main  country  road  by  William  B.  Rickartls.  S.  P. 
Twilley  and  J.  E.  Twilley  to  the  corner  of  D.  M.  Phillips ;  thence 
in  a  westerly  direction  to  William  Owens ;  thence  in  a  southerly 
direction  to  A.  R.  Bradley ;  thence  in  a  westerly  direction  to  a 
point  of  R.  Twilley's  farm. 

Approved  March  9,  A.  D.  1901. 


1/8 


CHAPTER  II,    VOLUME  22. 

AN  ACT  designating  the  voting  places  in  the  Election   Districts  of  Hep- 
resentative  District  Number  Five  in  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met. 

Voting  place  of  Sectioii  I.     That  from  and  after  this  Act  becomes_a  law  ev- 

No.'^V  of  Repre''-'  erv'  general  and  special  election  held  in  the  First  Election  Dis- 
sentauve  Pis-     tj-jct  of  the  Fifth  Representative  District     of     Sussex  County 

trict  JNo.  5  'o  be  ^^  _  .         ,  .  -,  r 

atornearLau-    shall  be  held  at  or  near  the  Laurel  House  m  the  town  01  Laurel. 

rel  House  in 

town  of  Laurel.  ^^^  ^^^^^  ^^^^j^  elcctiou  held  iu  the  Second  Election  Dis- 

ESnDis'trfct  tHct  of  the  Said  Fifth  Representative  District  of  Sussex  County 
No.  2  of  Repre-  shall  be  held  at  or  near  the  store  house  of  William  L.  Simian  in  the 

sentative  Dis-  .   -^^    , 

trict  No.  5  to  be  towu  of  Dclmar. 

at  or  near  Store 

House  of  wm.  Approvcd  March  9,  A.  D.  1901. 

L.  Sirman,  town  ^^  -^  -^ 

of  Delmar. 


CHAPTER  55,    VOLUME  2^. 

AN  ACT  designating   the  voting   place    in   the    First   Election   District  of 
Representative  District  Number  Six  of  Sussex  County. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delatvare  in  General  Assembly  met. 

Establishing  Scction  I.     That  after  this  Act  becomes  a  law,  every  gen- 

Firlt  Election"'   cral  and  special  election  held  in  the  First  Election  District  of 

District  of  Sixth  Representative  District  Number  Six  of  Sussex  County,  shall  be 

Dts^trta^n^'"'^    held  at  the  times  and  in  the  manner  fixed  by  law  at  or  within  a 

Sussex  County,   j-adius  of  oue-half  mile  from  "Marvel's  Old  Tan_  Yard"  in  the 

County  and  District  aforesaid,  and  in  the  building  owned  by 

Geo.  W.  Marvel,     or     any     other  suitable  building  within  the 

above  boundary. 

Approved,  March  2,  A.  D.  1905. 


^79 


Laws  Relating  Especially  To 
Wilmington  Hundred. 


CHAPTER  40,    VOLUME  21. 

-AN  ACT  creating  a  Department  of  Elections  for  the  City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
.State  of  Delaware  in  Geyieral  Assembly  met. 

Section  i.   That  for  the  objects  and  purposes  hereinafter  set  ^     ;j,j^gj,t  of 
forth  the  Governor  of  the  State  of  Delaware  shall  in  the  man-  department  of 
ner  and  at  the  times  and  for  the  terms  set  forth  in  Section  2  of  of^wi°min°gton.^ 
this  act  appoint  three  persons  of  the  city  of  Wilmington,  who 
shall  constitute  a  department  of  Elections  for  the  said  city  of 
Wilmington,  and  with  the  powers  and  duties  prescribed  in  the 
sections  following. 

Section  2.     That  the  terms  of  office  of  the  present  mem-  ..,=   .. 
bers  of  the  Department  of  Elections  for  the  city  of  Wilmington,  em  membe'r^o'f 
as  the  same  was  constituted  pursuant  to  the  provisions  of  Chap-  confinil^d"' 
ter  39,  \'olume  XIX,  Laws  of  Delaware,  shall  not  be  vacated, 
but  the  said  officers  shall  continue  during     the     original  term 
thereof,  and  said  members  shall  during  the  continuance  of  their 
respective  terms  be  members  of  the  Department  of  Elections  for 
the  city  of  Wilmington  created  by  this  act.     At  the  expiration  Appointment  of 
of  the  term  of  office  of  the  said  member  which  shall  be  the  first  successors, 
to  terminate  and  biennially  thereafter  the  place  of  the  retiring 
member  shall  be  filled  by  appointment  by  the  Governor  for  the 
term  of  six  years.     No  person  shall  be  elgible  to  appointment 
as  a  member  of  said  Department  of  Elections  who  is  not  a  citi-  ap^poinSes"""  ° 
zen  of  the  United  States  of  America  and  a  resident  in  the  said 
city  for  w^hich  he  is  appointed,  and  who  has  not  resided  therein 
for  a  term  of  five  years  next  preceding  his  appointment.       No  Members  not  to 
member  of  said  Department  of  Elections  shal]_hold  or  be  a  can-  ^^^^f*"" 
didate  for  any  elective  office  during  his  membership  in  said  de- 
partment, nor  until  the  expiration  of  six  months  after  he  shall 
have  ceased  to  be  a  member  of  said  department.       When  any 
vacancy  occurs  in  said  department  by  or  from  any  cause  what-  vacancies,  how 
soever  the  Governor  aforesaid  shall  fill  the  unexpired  term  by  *'"'"^- 
appointment,  but  at  no  time  shall  all  the  members  of  said  de- 
partment be  of  the  same  political  faith  and  opinion.     Each  of 


~  i8o 


Political  com- 
plexion. 


Oath. 
Organiration. 

Officers. 
Compensation. 


Duties  of 
department. 


Division  of  city 
into  election 
districts. 


Number  of 
voters  in 
district. 


District  to  be 
within  one 
representative 
district. 


Subsequent 
divisions. 


Designations. 


Dismissal  of 

Registrars. 

Employees. 


Limit  of 
expense. 


How  paid. 


said  members  shall  hereafter  before  entering  upon  his  duties 
and  within  one  month  from  the  time  of  his  appointment  take 
and  subscribe  and  file  in  the  ofifice  of  the  Clerk  of  the  Peace  of 
the  county  wherein  he  resides  an  oath  or  affirmation  that  he 
will  perform  the  duties  of  his  office  with  fidelity  and  impartiality. 
The  members  of  the  Department  of  Elections  shall  meet  and 
organize  said  Department  of  Elections,  by  this  act  constituted,, 
by  selecting  one  of  their  number  to  be  President,  whose  term 
of  office  shall  continue  for  one  year  from  the  date  of  such  orga- 
r.ization,  when  and  biennially  thereafter  the  said  Department  of 
Elections  shall  select  one  of  their  number  to  be  President.  Each 
member  of  the  Department  of  Elections  shall  receive  as  com- 
pensation for  his  services  in  any  year  in  which  there  is  held  a 
general  or  special  election  a  salary  of  five  hundred  dollars,  said 
compensation  to  be  paid  as  hereinafter  provided. 

Section  3.  The  duties  of  the  members  of  the  Department 
of  Elections,  shall  be  as  follows : 

I.  They  shall,  on  or  before  the  first  day  of  June  next,  pre- 
ceding the  time  of  the  first  registration  held  under  the  provi- 
sions of  this  act,  and  in  every  sixth  year  thereafter,  on  or  before 
the  first  day  of  June,  divide  the  city  into  as  many  election  dis- 
tricts as  they  shall  deem  necessary,  and  shall  establish  the  boun- 
daries thereof.  Provided  that  each  election  district  shall  con- 
tain as  near  as  may  be,  not  more  than  three  hundred,  nor  less 
than  one  hundred  qualified  voters.  And  further  provided,  that 
each  of  said  election  districts  shall  be  entirely  within  the  boun- 
daries of  one  representative  district.  And  on  or  before  the  first 
day  of  June  A.  D.  nineteen  hundred,  and  biennially  thereafter,, 
said  department  of  elections  may  divide  such  of  the  election  dis- 
tricts, and  such  only  as,  by  the  election  last  preceding  such  di- 
vision, shall  be  found  to  contain  a  greater  number  of  voters 
than  can  conveniently  vote  therein.  They  shall  also  designate 
each  of  said  election  districts  by  appropriate  titles  or  distinc- 
tions. 

II.  They  shall  have  power  to  dismiss  any  Registrar  at  any 
time  and  supply  his  place  with  another  person.  They  may  also 
employ  a  clerk,  counsel  and  such  other  assistants  as,  in  the 
judgment  of  the  members  of  said  Department  of  Elections,  shall 
be  necessary  and  proper  for  the  faithful  performance  by  it  of 
the  duties  by  this  act  imposed ;  provided  the  expense  thereof 
shall  not  exceed  fifteen  hundred  dollars  in  any  one  year  in 
\Ahich  the  general  election  is  held,  which  said  sum  shall  not  in- 
clude the  compensation  of  members  of  the  Department  of  Elec- 
tions and  Registrars,  to  be  paid  upon  warrants  of  the  president 
of  the  Department  of  Elections  in  the  same  manner  as  is  pro- 
vided for  the  payment  of  the  legal  compensation  of  members  of 
said  Department  of  Elections. 


i8i 

III.  They  shall,  hereafter,  appoint  all  registrars  in  the  Appointment 
City  of  Wilmington,  and  shall  make  all  necessary  removals  of  of  Registrars, 
registration  officers,  and  fill  all  vacancies  which  from  any  cause  ^^'^°''^'''- 

^-^  ■^  Vacaticies. 

occur. 

IV.  They  shall  in  the  month  of  June,  in  each  year  in  which  Appointment  ot 
a  general  election  is  held,  appoint  for  each  election  district  in  ^ffice*rs""°" 
the  City  of  Wilmington  three  capable  persons,  who  shall  be  vo- 
ters and  residents  in  the  Election  District,  for  which  they  shall 

he  appointed,  who  shall  be  the  registration  officers  of  the  elec-  Qualifications, 
tion  district  for  which  they  are  appointed ;  one  of  whom  shall 
be  designated     as     "Registrar,"  and  the  other  two  "Assistant 
Registrars,"  and  not  more  than  two     of     them  shall  be  of  the 
same  political  faith;  provided,  that  the  total  number  of  regis-  Politics. 
tration  officers  in  each  representative  district,  shall  be  divided 
as  equally  as  possible  between  the  two  leading  political  parties, 
as  the  same  shall  be  determined  upon  by  the  department  of  elec- 
tions at  the  time  of  making  the  appointments.     And  further,  Division  be- 
for  each  appointment  accredited    to     any  political  party  under  '"'^^"  parties, 
this  section  the  City  Executive  Committee  of  such  political  par- 
ty shall  furnish  the  Department  of  Elections  on  or  before  the 
first  day  of  June  of  the  year  in  which  said  appointment  is  to  be 
made,  a  list  of  three  names  of  properly  qualified  persons,  from  Furnishing  of 
which  list  the  Department  of  Elections  shall  make  its  appoint-  '^^^' 
ments.  '^'"'^• 

Provided,  however,  that  if  the  said  lists  of  names  are  not  when  ust  not 
furnished  as  aforesaid,  then  and  in  that  event  the  Department  ^"'■"'shed. 
of  Elections  shall  appoint  some  suitable  person,  or  persons,  of  ,^7ekc't!^"' 
such  political  party  having  all  the  qualifications   provided  by 
this  section. 


Provided,  however,  that  in  the  case  of  the  Registration  offi-  Proviso  for 

Registration 
officers  for  iS 


-cers  to  be  appointed  in  this  present  year,  eighteen  hundred  and  Registration 
ninety-eight,  the  appointment  of  the  said  Registration  officers 
shall  be  made  some  time  between  Saturday,  the  eleventh  day  of 
June,  and  Saturday,  the  twenty-fifth  day  of  June  in  said  year; 
and,  provided  further,  that  the  lists  of  names  to  be  furnished  by 
the  City  Executive  Committee  from  which  the  appointments  of 
■such  Registration  officers  shall  be  made  with  regard  to  those 
to  be  appointed  in  the  year  aforesaid  shall  be  furnished  not  la- 
ter than  Saturday,  the  eleventh  day  of  June  in  the  year  afore- 
said. 

The  terms  of  office  of  such  Registration  officers  shall  be-  ^vhen  terms  of 
gin  on  the  first  Tuesday  in  July  next  after  their  appointment  and  office  begin, 
shall  continue  for  two'  years  thereafter,  and  until  their  succes- 
sors shall  be  duly  chosen  and  qualified,  unless  sooner  removed  '^"'"• 
as  provided  in  this  act. 


I82 


Alternate 
Registrar. 


Term  of  offi:e. 


When  to  act. 


Powers  and 
duties. 


When  Alternate 
not  to  act. 


Vacancies. 


V.  They  shall  also  when  appointing  Registration  officers 
for  the  several  election  districts  of  the  city  of  Wilmington  at  the 
same  time  appoint  in  each  election  district  in  the  said-  city  one 
capable  person,  who  shall  be  a  voter  and  resident  in  the  elec- 
tion district  for  which  he  shall  be  appointed,  to  be  "Alternate 
Registrar"  for  the  said  election  district.  The  term  of  office  of 
said  "Alternate  Registrar"  shall  be  the  same  as  that  of  the  Reg- 
istrar, and  whenever  the  Registrar  provided  for  by  this  act  shall 
be  incapable  from  any  cause  whatsoever  of  performing  the  du- 
ties required  of  him  by  the  laws  of  this  State,  the  Alternate 
Registrar  in  the  same  election  district  shall  act  in  his  stead,  and 
while  acting  shall  possess  all  the  powers  and  do  and  perform  all 
the  duties  of  a  Registrar. 

VI.  But  nothing  herein  contained  shal  authorize  or  em- 
power the  Alternate  Registrar  to  act  at  any  time  when  there  is 
a  Registrar  of  the  election  district  able  and  willing  and  present 
to  act.  If  any  Registration  officer  or  Alternate  Registrar  shall 
remove  from  the  election  district  for  which  he  shall  be  appoint- 
ed, or  shall  cease  to  be  a  voter  therein,  his  office  shall  thereupon 
become  vacant. 


Vacancies  in 
Registration 
office. 


How  filled. 

Term  of 
appointee . 


Qualifications, 
powers,  &c. 


Oath  of  Regis- 
tration ofr.cers. 


VII.  If  any  vacancy  or  vacancies  should  ocur  in  the  office 
of  Registrar,  Assistant  Registrar  or  Alternate  Registrar,  before 
the  expiration  of  such  term,  from  any  cause  whatsoever,the  said 
Department  of  Elections  shall  appoint  some  suitable  person  or 
persons  to  fill  such  vacancy  or  vacancies  who  shall  serve  for 
the  residue  of  such  unexpired  term  or  terms,  who  shall  possess 
the  same  qualifications  and  be  qualified  in  the  same  manner, 
possess  the  same  powers  and  perform  the  same  duties  as  the 
original  appointee  or  appointees.  Each  Registrar,  Assistant 
Registrar  and  Alternate  Registrar  before  entering  upon  the 
duties  of  his  office,  shall  take  and  subscribe  before  the  Clerk  of 
the  Peace  of  the  county  in  which  he  shall  reside  the  following 
oath  or  affirmation  which  the  said  Clerk  of  the  Peace  is  hereby 
authorized  to  administer : 


Form. 


"I, 


residing  in   Election 


District   of    Representative   District   in 

County,  do  solemnly  swear  (or  affirm)  that     I     will 

support  the  Constitution  of  the  United  States,  and  the  Consti- 
tution of  the  State  of  Delaware,  and  that  I  will  faithfully  dis- 
charge the  duties  of  the  office  of  Registrar  (Assistant  Registrar 

or  Alternate  Registrar)  for Election  District  in 

Representative  District  in County 

faithfully,  honestly,  fairly,  impartially  and  according  to  the  best 
of  my  ability ;  that  I  am  a  citizen  of  the  United  States  and  of 
the  State  of  Delaware,  and  am  not  a  candidate  for  any  office  to 
be  voted  for  by  the  election  district  for  which  I  am  appointed 


oath  and 
qualifying. 


183 

Registrar  (Assistant  Registrar     or     Alternate  Registrar),  and 
that  I  am  a  qualified  voter  in  said  election  district." 

VIIL     Should  the  said  Registrar,  Assistant  Registrars  or  officers  becom- 
either  of  them  or  Alternate  Registrar  after  taking  said  oath  and '"g  ^•''"'^''la^s 
before  entering  upon  the  active  duties  of  the  said  office  become 
a  candidate  for  any  office  to  be  voted  for  by  the  electors  of  the 
jlf'ction  district  for  which  he  is  appointed  Registrar,  Assistant 
Registrar  or  Alternate  Registrar,  the  said  office  shall  ipso  facto 
become  vacant  and  be  filled  by  the  appointment  of  another  per-  ^°^''  ''''^'^■ 
son  to  the  same.     After  any  Registrar,  Assistant  Registrar,  or 
Alternate  Registrar  shall  have  entered  upon  the  active  duties  Pffic<=.''s 'o  be 
of  his  office  he  shall  thereby  become  inelgible  to  any  office  to  b"e*^votecffo°. 
be  voted  for  at  the  next  ensuing  general  election. 

Section  4.  Each  and  every  person  appointed  as  aforesaid  Time  of  taking 
to  act  as  Registrar,  Assistant  Registrar  or  Alternate  Regis- 
trar shall  qualify  as  such  Registrar,  Assistant  Registrar  or  Al- 
ternate Registrar  by  taking  and  subscribing  the  oath  or  affirma- 
tion prescribed  in  the  preceding  section  within  ten  days  after  be- 
ing notified  of  his  appointment  and  shall  perform  the  duties  of 
the  office  for  the  time  for  which  he  was  appointed,  unless  he 
shall  become  disqualified  by  sickness  or  otherwise.  But  any  Reg- 
istrar, Assistant  Registrar  or  Alternate  Registrar,  who  shall  be 
appointed  to  fill  a  vacancy,  shall  qualify  forthwith.  And  if  any  Appointees  to 
Registrar,  assistant  Registrar  or  Alternate  Registrar,  who  being  vacancies  to 

^    ,  o  o  ?  o   qualify  forth- 

appointed  either  for  a  full  term  or  to  fill  a  vacancy,  shall  refuse  with, 
to  qualify  as  aforesaid,  or  having  qualified,  shall  fail  or  refuse  to 
perform  any  of  the  duties  of  said  office,  he  shall  forfeit  and  pay  ^J![{|j'^' ^° 
to  the  State  a  fine  of  one  hundred  dollars, upon  conviction  there- 
of by  indictment  in  the  Court  of  General  Sessions  of  the  county  Penalty, 
where  such  offence  was  committed. 

The  Department  of  Elections  shall  deliver  a  certificate  of  certificate  of 
appointment  to  whomsoever  it  shall  appoint  and  who  shall  be  appointment, 
sworn  into  office  as  Registrar,  said  certificate  to  be  in  such  form  Form  of. 
as  shall  be  prescribed  by  such  Department  of  Elections,  speci- 
fying the  election  district  in  and  for  which  the  person  to  whom 
the  same  is  issued  is  appointed  to  serve,  and  the  date  of  the  ex- 
piration of  his  term  of  office.       The  Department  of  Elections  „         ,  ^ 

*  11-  f     1  •        Kemoval  ot 

shall  have  full  power  and  authority  to  remove  any  01  the  regis-  Registration 
tralion  officers  appointed  by  them  as  aforesaid  for  want  of  req-  °^"'"^- 
uisite  quahfication  or  cause,  but  in  either  of  such  case  such  re- 
moval, unless  made  while  the  Registrars  are  actually  on  duty, 
on  a  clay  of  registration,  and  for  improper  conduct  as  a  regis- 
tration officer,  shall  only  be  made  after  notice  in  writing  to  the 
officer  sought  to  be  removed,  which  notice  shall  set  forth  clear- 
ly and  distinctly  the  reasons  for  removal.  Any  person  appointed 
to  fill  any  vacancy  shall  serve  for  the  unexpired  term  of  the  per- 
son whose  office  he  is  appointed  to  fill. 


1 84 


Privileges  of 
Registration 
officers. 

Disqualification 
for  office  of 
Registration 
officers. 

Office  of  Depart- 
ment of 

Elections. 

Limit  of  rent. 


How  rent  to 
ibe  paid. 


Time  of  pay- 
ment of  com- 
pensation of 
•members  of 
department. 


Neglect  of  duty 
or  corrupt  or 
fraudulent 
practices  of 
members  of 
department. 


Penalty. 


The  registration  officers  during  the  time  they  hold  such 
office  shall  be  exempt  from  the  performance  of  military  and  jury 
duty,  and  no  person  who  by  the  laws  of  the  State  is  exempt 
from  jury  duty  shall  be  required  to  serve  as  registration  officer. 

Section  5.  The  said  Department  of  Elections  may  rent 
some  suitable  and  convenient  place  in  the  said  city,  and  fit  up 
the  same  for  an  office  for  the  use  of  the  said  Department  of 
Elections  at  a  yearly  rental  not  to  exceed  three  hundred  dollars, 
to  be  paid  upon  warrants  of  the  President  of  the  Department  of 
Elections  in  the  same  manner  as  is  provided  for  the  payment 
of  the  legal  compensation  of  members  of  said  Department  o£" 
Elections. 

Section  6.  The  legal  compensation  of  all  members  of  the 
Department  of  Elections  shall  be  paid  quarterly,  on  the  last 
days  of  March,  June,  September  and  December,  by  the  State 
Treasurer  out  of  any  money  belonging  to  the  State,  not  other- 
wise appropriated. 

Section  7.  If  any  member  of  the  Department  of  Elections, 
of  whom  any  duty  is  required  in  this  act,  shall  be  guilty  of  any 
wilful  neglect  of  such  duty,  or  of  any  corrupt  or  fraudulent  con- 
duct or  practice  in  the  execution  of  the  same,  he  shall  on  con- 
viction thereof,  be  adjudged  guilty  of  a  misdemeanor  and  shall 
be  punished  by  imprisonment  in  the  county  jail  for  not  more 
than  two  years,  or  by  a  fine  of  not  more  than  two  hmidred  dol- 
lars, or  both. 


Department  to  Scction  8.     It  is  hereby  made  the  special  duty  of  the  De- 

Generatof°vio-^  partmcut  of  Elcctious  to  uotify  the  Attorney  General  of  all  vio- 
lations of  act.      lations  under  this  act. 

Section  9.     All  Acts  and  parts  of  acts  supplied  by  or  in- 
consistent with  this  act  are  hereby  repealed. 

Approved  May  20,  A.  D.  1898. 


185 


CHAPTER  41,  VOLUME  21. 

AN  ACT  more  clearly  Defining  the  Duty  of  the  Department  of  Elections 

in  the  City  of  Wilmington. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  in    General  Assembly  met: 

Section  i.     That  the  Department  of  Elections  in  the  City  Powers  and 
of  Wihiiington  shall  have  and  exercise  all  the  powers  and  priv-  Deparfmen/ 
ileges  in  respect  to  elections,  which  shall  hereafter  be  held  in  °f  Elections. 
said  city,  which  the  Department  of  Elections  had  and  possessed 
by  virtue  of  an  Act  of  General  Assembly,  entitled  "An  Act  to 
provide  for  the  Registration  of  Voters  in  the  City  of  Wilming- 
ton," passed  at  Dover,  May  13,  A.  D.  1891,  shall  select  election 
places  in  the  respective  districts,  appoint    all    election  of^cers 
with  power  to  remove  the  same,  and  have  all  other  powers  and 
privileges  exercised  and  possessed  by  said  Department  of  Elec- 
tions, in  respect  to  elections  under  this  act. 

Section  2.     Nothing  in  this  act  shall  be  construed  to  repeal  Not  to  impair 
or  impair  any  act  or  part  of  an  act  passed  by  the  present  session  other  laws. 
of  the  General  Assembly. 

Approved  June  i,  A.  D.  1898. 


i86 


CHAPTER  70,    VOLUME  22. 

AN  ACT  in  relation  to  the  Department  of  Elections  for  the  City  of 

Wilmington. 

Be  it  enacted  by  the  Seriate  and  Hoicse  of  Representatives  of  the 
State  of  Delaware  in  General  Assembly  met  : 

Department  of  Scction  I.     That  the  Department  of  Elections  for  the  City 

^c" ased  to  ffve  of  Wihuingtott,  as  estabHshed  and  constituted  by  Chapter  39, 
members.  Yol.  19,  Laws  of  Dclawarc,  as  constituted  and  created  by  Chap- 

ter 40,  Volume  21,  Laws  of  Delaware,  be  and  the  same  is  here- 
by enlarged  to,  and  made  to  consist  of  five  members,  for  all 
general  or  special  elections  to  be  hereafter  held  in  said  City. 

Governor  to  ap-  Scctiott  2.     That  tlic  Govcmor  be  and  he  is  hereby  author- 

b°e"perTons""^"  ized  and  empowered  to  appoint  and  commission  two  suitable 
persons,  residents  of  the  City  of  Wilmington,  to  be  members  of 
the  said  enlarged  Department  of  Elections  for  the  City  of  Wil- 
mington. 

One  for  two  Scction  3.     That  the  term  of  office  of  one  of  the  said  two 

thr^ee'yea^s.  "^     mcmbcrs  shall  bc  for  two  years  and  the  term  of  the  other  and 

remaining  member  shall  be  three  years,  and  at  the  expiration  of 
ernm-^^o  appoint  Said  two  tcmis  and  thereafter  every  three  years,  the  Governor 
years  '^"^^        shall  appoint  suitable  persons  to  succeed  the  said  members  for 

the  term  of  three  years. 

Powers  of  mem-  Scctiou  4.     That  the  members     so     appointed  shall  have, 

a^'^^ofnted  posscss,  cujoy  and  exercise  all  and  every  the  rights,  powers,  and 

privileges  which  are  now  held,  possessed,  enjoyed  and  exercised 

by  the  present  members  of  said  Department  and  vested  in  them 

Duties  and  com-  j^y  j^^y   ^.wdi  shall  perform  each  and  every  dutv  which  the  pres- 

pensations  of.  -'  '  r         •  1    i-x  '     •        1  r 

ent  members  of  said  Department  are  now  required  to  perform 
by  law ;  and  they  shall  each  receive  the  same  compensation  as 
now  fixed  by  law  for  the  other  three  members,  which  shall  be 
paid  by  the  State  Treasurer,  at  the  same  time  and  in  the  same 
way  as  now  provided  by  law  for  the  payment  of  the  compensa- 
tion of  the  present  members  of  said  Department. 

Board  to  consist  Scction  5.     That  from  and  after  the  first  day  of  April,  A. 

of  five  members.  D.  iQoi,  the  Department  of  Elections  shall  consist  and  be  com- 
posed of  five  members,  to  wit :  the  three  members  who  are  now 
members  of  said  Department  and  the  two  members  appointed 
by  the  Governor ;  and  the  said  five  members  shall  constitute  the 
Department  of  Elections  for  the  City  of  Wilmington. 


i87 

The  Department  of  Elections  for  the  City  of  Wihnington 
so  constituted  as  aforesaid,  shall  have  a  full  and  complete  jur_  ^"'■'sdictionof. 
isdiction  over  all  and  every  the  matters  and  things  now  vested 
by  law  in  the  Department  of  Elections  for  the  City  of  Wilming- 
ton, as  at  present  constituted,  and  shall  exercise  every  power, 
privilege,  right  and  duty  which  now  belongs  to  the  said  De- 
partment of  Elections  for  the  City  of  Wilmington,  as  fully  and 
completely  as  the  said  Department  of  Elections  now  by  law  is 
authorized  to  do. 

Section  6.  That  the  Department  of  Elections  for  the  City  organization  of. 
of  Wilmington,  so  constituted  as  aforesaid,  shall  meet  for  orga- 
nization on  the  first  Tuesday  in  April,  A.  D.  1901,  and  after 
taking  the  oath  of  office  prescribed  by  the  Constitution  of  the 
State,  shall  proceed  to  elect  one  of  their  number  to  be  the  pres- 
ident of  the  Department  and  shall  also  elect  a  clerk.  Three 
members  shall  be  sufficient  for  the  purpose  of  organization  and 
shall  constitute  a  quorum  for  the  transaction  of  business.  The 
said  Department  shall  have  the  power  to  make  rules  for  its 
government  not  inconsistent  v\?ith  the  Constitution  and  Laws  of  to  make  rules 

the    State.  for  government. 

Section  7.  That  it  shall  be  the  duty  of  the  present  Depart- 
ment of  Elections  for  the  City  of  Wilmington,  and  every  mem- 
ber thereof,  and  every  officer,  clerk  or  agent  thereof,  and  every 
other  person  having  possession  or  control  of  any  records, 
books,  papers,  or  other  property  of  or  relating  to  or  connected  aii  records, 
with  said  Department  of  Elections,  immediately  after  the  orga-  &c°l'to'be^dr-' 
nization  of  the  Department  created  bv  this  Act,  to  surrender  I'^ered  to 

•  .  »      "'  President 

and  deposit  the  same  with  the  President  of  the  Departmertt 
elected  pursuant  to  the  provisions  of  Section  Six  of  this  Act,  or 
with  such  other  person  as  the  said  President  shall  order  and  di- 
rect. And  in  case  the  said  members,  officer,  clerk  or  any  other 
person  having  possession  as  aforesaid,  shall  neglect  or  refuse 
on  demand  of  the  said  President  to  be  elected  as  aforesaid,  to 
deliver  up  and  surrender  any  of  such  records,  books,  papers  or 
other  property  as  aforesaid,  each  and  every  person  neglecting 
or  refusing  as  aforesaid,  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  thereof,  shall  forfeit  and  pay  a  fine  of  five  hund-  Penalty. 
red  dollars,  and  be  imprisoned  for  a  term  of  one  year,  or  until 
the  said  records,  books,  papers  or  other  property  shall  be  de- 
livered into  the  custody  of  the  said  President. 

Section  8.  That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with or  manifestly  superseded  hereby,  be  and  the  same  are 
hereby  repealed. 

Approved  March  8.  A.  D.  1901. 


i88 


*CHAPTER  30,    VOLUME  17. 

AN  ACT  providing  for  the  election  of  Three  Assessors  for  Wilmington 

Hundred. 

Three  assess-  Section  I.     That  for  the  purpose  of  a  more  convenient  as- 

ment  districts.     scssiTient  of  persons  and  property  in  Wihnington  Hundred  of 

the  county  of  New  Castle,  the  said  hundred  shall  be  divided  into 

three  assessment  districts,  as  follows : 

Chap.  5,  Vol.  20.  (The  first  assessment  district  of  said  hundred  shall  consist 

Assessment  dis-  of  SO  much  of  Said  huudrcds  as  is  contained  or  comprised  within 
mingto°rf  hlml'  ^^''^  Hmits  of  the  (First  Representative  District)  of  the  city  of 
dred.  Wilmington,  as  the  said  wards  are  now  laid  out,  or  as  the  said 

Chap.  27,  Vol.  21  yyards,  or  either  of  them,  may  be  hereafter  extended  or  enlarged 
imi so    rs .    ^^^  ^^^  ^j  ^^^  General  Assembly. 

Limits  of  second  "The  sccoud  assessmcut  district  of  the  said  hundred  shall 

consist  of  so  much  of  said  hundred  as  is  contained  or  comprised 

Chap.27,voi.  21  within  the  limits  of  the  (Second  Representative  District)  of  the 
city  of  Wilmington,  as  the  said  v/ards  are  now  laid  out,  or  as 
the  said  wards,  or  either  of  them,  may  be  hereafter  extended  or 
enlarged  by  act  of  the  General  Assembly. 

Limits  of  third.  "The  third  assessment  district     of    the  said  hundred  shall 

consist  of  so  much  of  said  hundred  as  is  contained  or  comprised 

Chap.  27, Vol.  21  within  the  limits  of  the  (Third  Representative  District)  of  the 
city  of  Wilmington,  as  the  said  wards  are  laid  out,  or  as  the 
said  wards  or  either  of  them,  may  be  hereafter  extended  or  en- 

Chap.27.V0i.21  larged  by  act  of  the  General  Assembly.")  (And  all  that  por- 
tion of  the  said  hundred  comprised  within  the  limits  of  the 
Fourth  Representative  District  of  the  said  city,  as  now  laid  out 
and  established  by  law,  shall  be  the  Fourth  Assessment:  District, 
and  all  that  portion  of  the  said  hundred  comprised  within  the 
limits  of  the  Fifth  Representative  District  of  the  said  city,  as 
now  laid  out  and  established  by  law,  shall  be  the  Fifth  Assess- 
ment District.) 

Elections  Scctiou  2.     That  an  election  for  the  purpose  of  choosing 

When  held.  an  asscssor  for  each  of  said  assessment  districts  shall  be  held  at 
the  time  and  in  the  manner  prescribed  by  Chapter  17  of  the  Re- 
vised Statutes  of  this  State,  pursuant  to  the  laws  now  in  force  as 
to  the  election  of  county  officers  in  the  city  of  Wilmington. 


•*This  act  h.is  been  nmended  without  a  proper  knnwiedce  of  its  provi.'sions  and  is  so  full  of 
inconsistencies  that  it  will  rerniire  further  aniendmeat  to  cure  its  many  defects. 


I 


189 

Section  3.     That  every  citizen  qualified  to  vote  for  Inspec-  Qualifications 
tor  of  an  election  district  in  the  said  hundred     of    Wilmington  °'  ^°'"*- 
may  vote  for  an  assessor  of  the  assessment  district  within  which 
such  election  district  is  comprised,  and  no  persons  shall  be  elec- 
ted assessor  under  the  provisions  of  this  act  who  shall  not  at  the 
time  of  the  election  be  a  freeholder  within  Wilmington  hundred  Qualifications 
and  a  resident  in  the  assessment  district  for  which  he  shall  be  °'^''"'°'''- 
elected. 

Section  4.  Immediately  after  making  the  certificate  required  Meeting  of 
by  Section  8  of  Chapter  19  of  the  Revised  Statutes  of  this  State,  °'^"''' 
the  presiding  officers  and  Judges  of  the  several  election  districts 
of  the  said  hundred  shall  assemble  in  the  City  Hall.  And  the  when  and  when 
presiding  ofificers  and  Judges  of  the  election  districts  comprised 
within  the  first  assessment  district  aforesaid,  as  laid  out  and  es- 
tabhshed  by  the  first  section  of  this  act,  shall  acertain  the  num- 
ber of  votes  given  for  assessors  in  the  said  election  district  so 
comprised  as  aforesaid,  and  the  candidate  having  the  highest 
number  of  votes  shall  be  declared  assessor  of  the  said  first  as-  of  vo't'e.'""'^"' 
sessment  district;  and  the  presiding  officers  and  Judges  last 
aforesaid  shall  make,  sign  and  deliver  certificates  of  said  elec- 
tion in  the  manner  prescribed  by  law  for  certifying  the  election 
of  the  assessors  of  the  several  hundreds.  And  the  presiding 
ofificers  and  Jvidges  of  the  election  districts  comprised  within  the 
second  assessment  district,  as  laid  out  and  established  by  the 
first  section  of  this  act,  shall  ascertain  the  number  of  votes  given 
for  assessor  in  the  different  election  districts  so  comprised  as  Certificates, 
aforesaid,  and  the  candidate  having  the  highest  number  of  votes 
shall  be  declared  duly  elected  assessor  of  the  said  second  as- 
sessment district ;  and  the  presiding  ofificers  and  Judges  last 
aforesaid  shall  make,  sign  and  deliver  certificates  of  said  elec- 
tion in  the  manner  now  prescribed  by  law  as  aforesaid.  And 
the  presiding  officers  and  judges  of  the  election  districts  com- 
prised within  the  third  assessment  district,  as  laid  out  and  es- 
tablished by  the  first  section  of  this  act,  shall  ascertain  the  num- 
ber of  votes  given  for  assessor  in  the  different  election  districts 
so  comprised  as  aforesaid,  and  the  candidate  having  the  highest 
number  of  votes  shall  be  declared  duly  elected  assessor  of  the 
third  assessment  district;  and  the  presiding  officers  and  judges 
last  aforesaid  shall  make,  sign  and  deliver  certificates  of  said 
election  in  the  manner  now  prescribed  by  law  as  aforesaid.  If 
two  candidates  for  the  office  of  assessor  of  either  of  the  assess- 
ment districts  hereby  laid  out  and  established  shall  receive  the 
highest  and  at  the  same  time  an  equal  number  of  votes  the  pre-  Tie 
siding  officers  of  the  election  districts  comprised  within  the  as- 
sessment district  in  which  the  same  shall  happen  shall  agree 
upon  and  give  a  casting  vote. 

Sections.  *  *  *  *  ^  .. 


I  go 


Section  6. 
Section  7. 
Section  8. 


* 


Section  9.     That  all  acts  or  parts  of  acts  inconsistent  here- 
Avith  be  and  the  same  are  hereby  repealed. 

Passed  at  Dover,  April  6,  1883. 


Section  17, 
■Chapter  18, 
Revised  Code, 
1893,  amended 
relative  to  time 
of  opening 
polls  in 
Wilmington. 


CHAPTER  57,    VOLUME  23. 

AN  ACT  to  amend  Section  17  of  Chapter  18  of  the  Revised  Code  of  1893, 
by  providing  for  the  opening  of  the  General  Election  in  the  City  of  Wil- 
mington, between  seven  and  seven-thirty  o'clock  in  the  morning. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
State  of  Delaware  hi  General  Assembly  met. 

Section  i.  That  Section  17  of  Chapter  18  of  the  Laws  of 
Delaware  as  published  in  the  Revised  Code  of  1893  be  and  the 
same  is  hereby  amended  by  striking  out  the  period  at  the  end 
of  said  Section  and  inserting  the  following:  "Provided  that  in 
the  City  of  Wilmington  the  general  election  shall  be  opened  be- 
tween seven  and  seven  thirty  o'clock  in  the  morning." 

Approved  Alarch  20,  A.  D.  1905. 


INDEX. 


A 

ADVISORY  INITIATIVE gr 

ADVISORY  REFERENDUM   91 

AGE— 

Not  entered  in  Registration  Book 34 

ALPHABETICAL  LIST— 

Printing  and  Posting <. .  •  .  17 

jMutilation,  Defacement,  Pulling  Down  or  Destroying, 

Penalty    29 

ALTERNATE  REGISTRARS— 

(See  Registration  Officers.) 

When  to  Act 8 

When  not  to  Act 8 

To  collect  and  Pay  over  Registration  Fee 21 

To  have  Powers  and  Duties  of  Registrar 25 

Compensation  of 27 

APPEALS— 

From  Decision  of  Registration  Officers 19 

To  Resident  Associate  Judge 19 

Notice,  Hearing,  Decision,  &c 19-22 

Sittings  of  Judges   22-35 

Notice  to  Registrar 19-2."? 

Attendance  of  Registrar  25 

ASSAULT,  RIOT,  &c.— 

At  Registration,  Penalty 29 

ASSESSORS— 

Election  of  ^34 

Time  and  Place  of  Holding  Ballots,  &c I34 

Counting  of  Votes,  Tie KU 

Certificate  of  Election  of "7 

(In  Kent  County.) 

Oualitications,  Election  of   • ^35 


AvSSlSTANT  REGISTRAR— 
(See  Registration  Officers.) 
To  make  all  Entries  in  Books 22 

ASSOCIATE  JUDGE— 

Appeals  to    19 

Sittings  to  hear  Appeal 22-23-35 

Orders    24 

ATTORNEY  GENERAL— 

Certificate  of  Election  of 64-70 

AUDITOR  OF  ACCOUNTS— 

Certificate  of  Election  of 65-70 

AUXILIARY  REGISTRAR— 

Appointment  of 31 

Qualification,  Bond,  Duties,  &c 31 

To  give  notice  of  time  of  visiting  Camps 32 

To  make  separate  lists 32 

To  collect  Registration  Fee 32 

Return  to  Registration  Officers 32 

Compensation   of    33 

B 

BALLOTS— 

Nominations   excluded   from 74 

Clerks  of  Peace  to  print   7^~7S 

Size,  form,  style  and  color  of 75-86-96 

Arrangement    of    7S~86 

Pasters  for,  in  case  of  death,  resignation  or  removal  of 

candidate  on    75 

Duty  of  Clerk  of  the  Peace  and  the  Printer  in  respect 

to    75-76-88 

Number  of,  to  be  printed 76 

Packages  of,  to  whom  delivered,  &c 76-77 

Penalty  for  breaking  package  except     in    presence  of 

election  officers   yy 

Loss  or  destruction  of,  new  supply yy 

Opening  of  package  of,  by  election  officers 78 

Delivery    of    79-96 

Initials  of  Clerks    88 

Delivery  of,  and  stamps 78-84-85 

Preparing  of,  alterations  and  changes,  folding,  deposit, 

&c    79-84-85-86-88 

Defaced  or  mutilated 80 

What  not  deposited  80 


3 

Removal  of,  or  having  in  possession  outside  of  election 

room    80 

What  not  counted   81 

Disputed,  to  be  preserved 81 

Remaining  ballots,  how  destroyed   81 

Ballots  left  over  with  Clerk  of  Peace,  how  destroyed.  .  81 

Distinguishing  marks  on,  penalty  for 83 

Marked  ballot 86 

Counting    95 

Separation    95 

Collection  of   95 

Delivery  of,  to  Board  of  Canvass 95 

Double  ballots  not  returned 96-123 

Disposition  of   57 

Not  to  be  examined  by  Election  Officers 57 

What   received    ^j 

BALLOT  BOXES— 

Sheriff  to  make  and  deliver  .  , 49-82 

How  made,  size,  &c   49 

Examination  of,  before  election,  &c 56 

Custody  of   56 

Sealing  and  securing  60 

Delivery  of,  to  Prothonotary 60 

Sheriff  to  keep 70 

Delivery  of,  to  the  Senate  and  House 70 

BETTING— 

At  elections  on  result,  penalty 126 

BOARD  OF  CANVASS— 

Superior  Court,  to  be 60-61 

Meeting  of  61 

Canvass   of   returns 61 

Return  in  case  of  military  interference 131 

May  choose  place  of  meeting  in  case  of  interference.  .    132 

BOND— 

Of  Registrars,  form  of 20 

Sureties,  filing,  &c 21 

Entry  of  judgment  on 21 

BOOKS  OF  REGISTERED  VOTERS— 
(See  Books  of  Registration.)) 

BOOKS  OF  REGISTRATION— 

Governor  to  provide 9"3i 

Entries,  how  arranged 10-31 


Form  of lo-i r 

Delivery  of,  to  Sheriff ir 

Delivery  of,  by  Sheriff ii 

Endorsements  on   12 

Entries  in    12-31 

Signing I5 

Comparison   of    18- 

Corrections  in   19 

Certificate,  appended  to I9' 

Custody  of 24 

Alternate  Registrar,  to  have  when 25 

Delivery   of    25 

Loss,  destruction,  &c.  of 29 

Procuring  for  special  election 29-30 

BOOTHS— 

Inspector  to  cause,  to  be  constructed  in  election  room, 
size,  number  and  arrangement  of 7^ 

BRIBERY— 

Penalty   for    126 

A    misdemeanor    126 

Of  election  officer 133 

Challenge  for,  at  registration 15 

Oath,  form  of   16 

False  oath    16 

Of  the  registration  officers 28 

Objection  to  votes  for 58 

Oath,  to  be  administered 58 

C 

CERTIFICATES— 

Of  organization  of  political  party.  Clerk  of  the  Peace 

may   demand    ^2.- 

Of  nominations,  time    of    filing,  preservation,  publica- 
tion, &c   72-74-75-76-82 

Of  Registration 17 

Of  oath   49-53 

Of  Election,  form,  &c 51 

Of  oath  of  election  officers 53-80-93 

Of  result  of  election   61-92 

Custody  of   61 

Delivery  of 61 

Of  election,  production  of  upon  failure  of  Inspector  to 

attend  Board  of  Canvass 61,  &c 

Ascertainment  of  result  of  election  by  Superior  Court, 
Form,  &c   63; 


5 

Planner  of  filling  up 64 

Of  tie  votes  to  be  delivered  to  the  Governor 68 

Delivery  of,  of  election  by  Superior  Court 68 

Delivery  of,  by  Prothonotary 69 

CHALLENGERS— 

Selection  of,  and  change  of .72-86 

Where  to  stand,  &c 72-/9 

Powers   of,   oath 86-87 

CLERK  OF  ELECTION— 

Selection  of  55-56-87 

Duty  of,  in  using  pasters 75 

Signing  initials  on  ballots 88 

Duties  of,  at  election    in    military  and  naval  organiza- 
tions         93 

Entry  of  initial  of,  in  ink  on  tickets 7^ 

Duty  of,  in  distributing  ballots  and  stamp,  &c 79-80 

Oath  of,  form 55 

CLERK  OF  THE  ORPHANS"  COURT— 

Certificate  of  election  of 66 

CLERKS  OF  THE  PEACE— 

Certificate  of  election  of 65 

To  receive  and  keep  Books  of  Registration 26 

To  deliver  to  Registrar  for  registration  for  special  elec- 
tion      29 

To  demand  certificates  of  twenty-five  voters  of  organi- 
zation desiring  to  be  regarded  as  a  political  party,  in 

case  of  doubt  _ 72-74 

Decisions  of  disputes,  device,  &c 73 

Perservation  of  certain  certificates 74 

Printing  of  ballots    T^ 

Folding  ballots    88 

Publication  of  nominations 74 

Stamps,  ink  pads,   &c 7^ 

New  supply  of  ballots 77 

Instruction   cards    7° 

Preservation  and  destruction  of  ballots  left  over 81 

To  furnish  lists  of  Registration,  &c.,  to  encampments 

of  military,  &c 9^ 

To  furnish  pencil  to  voter 85 

To  deliver  ballots,  to  whom 7^-77 

Duty  relating  to  Advisory  Initiative  and  Referendum.  .  91 

COLOR— 

Not  entered  in  Registration  Books 34 


COMPTROLLER  (NEW  CASTLE  COUNTY)— 

Election  of  154 

Term  of  of^ce,  &c 154 

Certificates  of  election 67 

CONSTABLES— 

Fees  of,  for  service  of  process 26 

Required  to  attend  elections,  duty  of 124 

CONTESTED  ELECTIONS— 

Seats  in  Legislature 144 

Notice  of,  specifications 144 

Mode  of  contest 144-145 

Of  others  than  members  of  the  General  Assembly.  . .  .   146 

Proceedings   , 146 

Of  Electors  of  President  and  Vice-President 151 

Proceeding  of  contest 151 

CORONER— 

Certificate  of  Election  of 67 

CORPORATIONS— 

Intimidation  by   153 

COUNTY  COMPTROLLER— 

(See  Comptroller.) 

COUNTY  EXECUTIVE  COMMITTEE— 

To  name  Judges  of  election 54 

To  recommend  names  for  Registration  of^cers. 7 

To  recommend  names  for  Voter's  Assistant 90- 

COUNTY  TREASURER  (KENT  AND  SUSSEX  COUN- 
TIES— 

Election,  term  of  office 165 

Certificate  of  election  of 66 

CRAYON— 

Clerk  of  the  Peace  to  provide,  for  marking  ballots.  . .  .84-85 

D 

DEPARTAIENT  OF  ELECTIONS— 

To  designate  voting  places  in  Wilmington 36 

Providing  conveniences  for  elections J2: 

To  receive  ballots ^7 

DEVICE— 

Certificate  of,  by  convention 73 


What  may  be  used  and  what  may  not  be  used 73 

Division  of  party,  what  faction  shall  use  party 75 


ELECTION  MESSENGER— 

Appointment   of    9^    , 

Duties   of    9^ 

Oath,   &c    90 

Compensation    9^ 

ELECTIONS— 

Room  for  holding 7^ 

Who  may  be  in  room •     5© 

Place  of  holding 36-123 

Notice  of  change  of  place 5°  7^ 

Time  and  place  of  holding 93-I90 

Notice  of,  by  inspector 54 

Time  of  opening 57 

Close  of,  notice 59 

Counting  votes,  &c 94 

Plurality  to   elect •,  • ; ' '  * ', '  "i  'i   ^^"^ 

Of  electors  of  President  and  Vice  President,  when  held  139 
Of  Representative  in  Congress ig 

Tie  votes    

Act  regulating  primarv,  in  New  Castle  county 97-1  ^7 

Amendment  of  118-122 

ELECTIONS,  CONTESTED— 
(See  Contested  Elections.) 

ELECTION  DISTRICTS- 

Division  of  counties  into aq 

Place  of  voting  in  new •  •  •  •     49 

fe  Change  of  voting  places  in 169  to  179 

Boundaries  of  changed 169  to  179 


ELECTION  OFFICERS— 

Form  of  oath  of  •. •  •  ■  *  " 53 

Duty  of,  in  case  no  ballots  are  found  at  polhng  place.  .     77 

Dutv  of,  during  time  of  voting ^^  c^Ro 

To  take  the  prescribed  oath ^53^ 

Expenses,   how   paid 3 

Choice  of  clerks    55 

Ballot  boxes,  examination  of ^ 

Custody  of  boxes 5 

Special  at  polling  places °/ 

Election  and  appomtment  of y«> 


8 

Selections  of  Judges 54 

Duties  of,  during  election 57-58,  &c 

Reading  and  counting  votes 59-6o 

Certificates   of  result 60 

Delivery  of  certificates  and  ballot  boxes,  &c 60-61 

Powers  of 124 

Penalty  for  neglect  of  duty 124-125 

Receiving  unlawful  votes,  penalty 125 

Oath  of  83-93 

To  be  in  separate  room 56 

Bribing  of    133 

ELECTION  OF  PRESIDENT  AND  VICE  PRESIDENT— 

How  chosen 139 

Election,  when  held   139 

Proclamation   140 

Certificates    64-139 

Failure  to  elect.  Legislature  convened 140 

Meeting  of,  voting,  &c 140 

Contested  elections  of  electors  of  President  and  A^ice 
President    151 

EXEMPTION— 

From  jury  or  military,  duty 9 

Serving  as  Registration  officer 9 

G 

€OVERNOR— 

Appointment  of  registration  offi-cers 7-8 

Preparation  and  delivery  of  registration  books.  .9-10-1 1-31 

Delivery  of  books  to  Sherifif ii 

Proclamation  of,  of  number  of  electors  to  be  elected 

for  President  and  Vice  President 139 

Examination  of  returns  of  election  of,  Attorney  Gen- 
eral,   &c 70 

Certificate  of  election  of  filing 70 

Proclamation  of.  State  of  vote 70 

Convening  of  General  Assembly 137 

Returns  of  election  of  Representative  in  Congress.  .  .  .  142 

Writs  of   election 137-142 

Certificates  of,  election  of 64 

To  appoint  Voter's  x^ssistants 90 

I 
INSPECTOR— 

Appointment  of,  for  1898 136 

Election  of,  thereafter 136 


I 


9 

Certificate  of,  election  of dj 

Compensation    82 

Oath  of :••••.•••. 53 

To  provide  room  in  his  hundred  or  election  district  for 

holding  election 71 

To  receive  ballots  for  his  election  district 7^-77 

Duty  of,  at  opening  of  polls 7^-^2> 

To  deposit  what  ballots 79 

Disputed  ballots  to  be  preserved 81 

Delivery  of  oaths,  certificates,  &:c.,  to  Clerk     of     the 

Peace    69 

In  absence  of.  Registrar  to  act 54 

Notice  of  election  by,  how  given 54 

Proclamation  at  opening  and  closing  of  polls 57-59 

Notice  of  special  election 137 

Delivery  of  certificates,  ballot  boxes,  &c 60 

INSTRUCTION  CARDS— 

\\'\\o  to  provide,  posting.  &c 78 

INSURANCE  COMMISSIONER— 

Certificate  of  election  of 65-70 

INTIMIDATION— 

Persons  using,  at  registration   28 

At  elections  by  persons  or  corporations 153 

Liability    .  .  .  .' 153 

INTONICATING  LIQUORS— 

Stalls  for  sale  of,  unlawful 127 

Selling  prohibited,  penalty 128 

Selling    or    giving  away,  unlawful  on  day  of  election 

within  one  mile  of  voting  place,  penalty 128 

In  registration  place,  unlawful 27 

J 

JUDGE  OF  ELECTION— 
(See  Election  Officers.) 

How  selected 54-55-87 

Oath  of  Office 55 

To  choose  Clerks  of  Election 55 

Duty  of,  in  making  entries  on  list 57 

Inspectors  to  be   53 

Absence  of  53-54 

Refusal  to  serve   55 

JUSTICES  OF  THE  PEACE— 

To  attend  elections,  duty  of 124 


lO 

L 

LEVY  COURT— 

To  ascertain  compensation  of  Registration  Officers,  .     27 

LEVY  COURT  COMMISSIONERS— 

Election   of    156-158-159 

Term  of 156-158-159 

A'acancies,  how  supplied 156-158-159 

(Of  New  Castle  County),  boundaries     and     divisions, 

election   of    155 

(Of    Kent    County),  elected  from  Representative  Dis- 
tricts,  &c    158 

Certificate  of  election  of  (of  New  Castle  County) 66 

Certificate  of  election  of  (of  Kent  County) 66 

Certificate  of  election  of  (of  Sussex  County) 66 

(Of  Sussex  County),  Districts  and  elections  of 159-164 

LIEUTENANT  GOVERNOR— 

Certificate  of  election  of 64 

M 

AIILITARY  INTERFERENCE— 

At  elections 130 

Right  to  withdraw  and  go  to  other  places  to  hold  elec- 
tion      130 

Oath  of  voter   130 

Polls,  where  held 131 

Board  of  Canvass  I3I-I32' 

MILITIA— 

Unlawful  for  officers  to  call  out  the,  on  election  day, 
penalty    128 

MILITARY  AND  NAVAL  ORGANIZATION— 

Registration  of  persons  engaged  in 31 

Right  to  vote,  &c 93 

N 

NOMINATIONS— 

To  be  certified  to  the  Clerk  of  the  Peace 72 

Form  and  contents  of  certificate 73 

Certificates  to  be  preserved 74 

Time  of  filing  certificate  of 74 

Publication  of,  arrangement,  form 74-75 

What  shall  be  excluded  from  publication 74 


II 


New,  in  case  of  death,  removal  or  resignation 75 

Delivery  of  list  at  encampments 96 

O 

OATHS— 

In  case  of  challenge  for  bribery 16-59 

Books  of,  delivery 59 

OATH  OF  OFFICE— 

Of  election  officers 53-55-56-80-95 

Violation  of,  by  election  officers 80 

Of  registration  officers 8-9 

OBJECTION  TO  VOTES— 

ReasOjis   for 58 

OBSTRUCTION  AND  INTERFERENCE— 

Of  voter  by  person  or  military  power 129 

Civil  action  for  damages 129 

Disclosures,  duty  to  make 129 

Limitation   of  action 129 


P 

PASTERS— 

When  may  be  used   75 

PARTY,  POLITICAL— 

What  shall  constitute  a 72 

Words    defined 87 

PENAL  OFFENSES— 

Election  officer  or  other  person  breaking  package  con- 
taining ballots,  &c.,  before  opening  of  election,  fine.     76 

Voters  taking  stamps  from  election  room,  arrest,  fine 
and  imprisonment   80-84 

Removal  or  attempt  to  remove  from  election  room,  or 
having  ballots  or  stamps  in  possession,  penalty.  . .  .80-84 

Molation  01  oaths  of  office  by  election  officers 80 

Refusal  or  neglect  of  Clerk  of  the  Peace  to  perform 
duties  imder  the  law,  penalty 81 

Election  officers  or  voters'  assistants  revealing  certain 
facts,  penalty 82 

Destruction  of  certificates  of  nomination,  penalty 82 

Entering  or  attempting  to  enter  room  or  railing,  con- 
trary to  law,  penalty 83-88- 

Distinguishing  marks  on  ballots,  penalty 85 


12 

Inducing  election  officers  to  violate  provisions  of  the 

law    _^ 83 

Tearing  down  or  destroying  conveniences  at  polling 

place,  penalty    83 

J^efusal  to  qualify  or  failure  to  perform  the  duties  of 

the  office  of  Registration  officer,  penalty 9 

Registration  officers  making  fraudulent  entries  or  fail- 
ing to  perform  duties,  penalty 28 

Taking  intoxicating  liquors  to  place     of     Registration 

unlawful,   penalty    27 

Assault,  riot,  breach  of  peace   29 

Loss  or  destruction  of  Registration  Books,  penalty.  . .  29 

Feigning  physical  defects  at  voting,  penalty 86 

Elector  assisting  voter,  disclosing  nature  of  vote,  pen- 
alty      89 

Entering  election  room  without  consent,  penalty 56 

Interference  with  elections   59 

Disqualified  voters  causing  or  attempting     to     cause 

themselves  to'be  registered,  penalty 28 

Intimidation,  threats,  &c.,  penalty 28 

]\Iutilation,  destruction  or  pulling  down  of  alphabetical 

lists,   penalty    29 

Officer  of  election  giving  information  as  to  how  per- 
sons vote,  penalty 89 

Secreting  self  in  election  room,  penalty 89 

\'iolation  of  law  in  voting  of  military  or  naval  organi- 
zations      96 

Ivleglect  of  duty  at  elections  by  Justice  of  the  Peace, 

Collectors  and   Constables,  penalty 124 

Xeglect  of  duty  of  election  officers,  penalty 124 

I^eceiving  unlawful  votes,  fine,  penalty 125 

Destruction  of  certificates  of  election  by  officers,  pen- 
alty      125 

Illegal  voting,  penalty,  fine 125 

Ijribery,  penalty    126 

Accepting  bribe  misdemeanor,  penalty 126 

Eetting,  penalty    126 

Breaches  of  the  peace 127 

Sale  of  liquor,   penalty 127-128 

Calling  out  of  militia,  penalty,  fine 128 

Refusal  of  Judges  to  serve,  penalty 55 

Intimidation  at  elections  by  persons  or  corporations, 

penalty    153 

PENCIL— 

Clerk  of  the  Peace  to  provide,  for  marking  ballots.  . .  84 

Penalty  for  removing   84 

To  return,  after  marking  ballot 84 


13 

FERJURY— 

Election  officers  receiving  unlawful  votes  guilty  of .  .  .    125. 

POLL  LIST— 

For  voters  in  military  or  naval  organizations 94 

POLLING  PLACE— 

Place  of   36-93-123 

Notice  of  change  of 49 

Change  of,  in  case  of  military  intereference.  ., 130 

PRESIDENT  AND  VICE  PRESIDENT— 

Election  of  electors  for 139 

PRESIDING  OFFICER  OF  ELECTION— 
(See  Election  Officers). 

PRIMARY  ELECTIONS— 

Act  regulating,  in  New  Castle  County 97  to  117 

-   Amendment  of 118  to  122- 

PRINTER  OF  BALLOTS— 

Duty  of  75-76 

PROCLAMATION— 

Of  state  of  vote  in  State 70-137 

PROTHONOTARY— 

Certificate  of  Election  of 65 

(Kent  County)  delivery  of  certificate  of  result  of  elec- 
tion    - 65-69 

Duty  of,  in  case  of  contested  elections,  other  than  the 
members  of  Legislature    148 

Duty  of,  in  contested  election  of  Electors  of  President 
and  Vice  President 152^ 

R 

RECEIVER    OF    TAXES  AND  COUNTY  TREASURER 
(New  Castle  County) — 

Election  of 1 54 

Certificate  of  election  of 66 

RECORDER— 

Certificate  of  election  of 66 

REGISTER  IN  CHANCERY— 

Certificate  of  election  of 66 


14 

REGISTER  OF  WILLS— 

Certificate  of  election  of .•_...     66 

REGISTERS— 

(See  Books  of  Registration.) 

REGISTRARS— 

(See  Registration  Officers.) 

To  make  entries  on  books ii-34 

To  give  notice  of  the  place  and  days  of  sitting  for  reg- 
istration      12 

To  collect  registration  fees 13 

To  administer  bribery  oath 16 

Giving  certificate    16 

Notice  to,  of  appeal   19-23 

Bond  of    20 

Payment  of  registration  fees 21 

To  make  certificates  of  registration 16 

Notice  to,  of  application  for  corrections 23 

To  retain  possession  of  books 24 

To  attend  hearing  of  appeals 25 

To  deliver  books  to  Inspector 25 

To  keep  other  books  safely  and  deliver  to  Clerk  of  the 

Peace   25-26 

To  have  powers  of  Justice  of  the  Peace 26 

Compensation 26 

Opening  Hsts,  returned  by  auxiliary  registrar 32 

Registration  of  names  on  list,  challenges 32 

Keeping  books   33 

Account  of  registration  fees 33 

To  act  as  Inspector,  when 54 

REGISTRATION  CERTIFICATES— 

Governor  to  furnish  books  of Ii 

REGISTRATION  FEE— 

Collection  of 13-21-33 

Account  of    21-33 

REGISTRATIO'N  OFFICERS— 

Appointment,  qualifications  and  term 7-8 

Politics    7 

Oath  of  office 8-9 

Vacancies    8-9 

Must  act 9 

Refusal  to  qualify  and  act 9 

Delivery  of  Registration  books  to 11 

Entries    on   books 11 


k 


15 

Times,  place  and  purpose  of  sitting 12-13 

Notice 12 

Who  to  admit  in  room 12 

Meeting-  of 13 

Registering  of  voters    13 

Entries  in  books 13-14-15 

Postponement  of  registration   ic 

.Signing  books   1 1; 

Making  entries  in  books  of  "Registered  Voters" 16 

To  print  and  post  alphabetical  list 17 

Review  of  registration,  notice,  hearing,  &c 17-18 

Entries,  certificate,  &c,  in  case  of  removal 17 

■Quorum  and  acts   18 

To    compare    books 18 

■Corrections  in  books 19 

To  append  certificates  to  books 19 

Compensation    26-27 

Making  fraudulent  entries,  &c 28 

Losing  books,   &c 29 

Making  registration  for  special  election 29 

Auxiliary  registration  of  voters,  appointment,  duties, 

^  -^c    ••••••: 31-33 

To  keep  separate  lists  of  names  returned  by  auxiliary 

registrar    96 

31EGISTRATION  OF  VOTERS— 

Duties  of  Registrars  and  Assistant  Registrars 12 

Sittings  for   registration 12 

Notice  of  place  of  sitting 12 

Quorum    18 

Persons  admitted  in  room 13 

Meetings  of  officers   13 

Collection  of  registration  fee 13 

Entries  of  Register 13-14-15 

Qualifications  for  registration 14 

Disqualifications    14 

Challenger,  appeal,  &c 15 

Postponement  of  registration   15 

Signing  each   day's   registration 15 

Challenge  for  bribery 15 

Oath,  form  of   16 

Oath   conclusive 16 

False  oath,  perjury 16 

Refusal  to  take  oath 16 

Entries  in  book  of  "Registered  Voters" 16 

Certificate  of  registration 16 

Printing  and  posting  of  alphabetical  list 17 

Review  of  decision  of  registration  on  afifidavit 17 


i6 

Hearing,  notice,   entries 17 

Removal  from  district  after  registration 18- 

Application,  certificate,  entries,  &c 18- 

Notice,  what  sufficient 18 

Comparison  of  books    18 

Entries  of  omitted  names 19 

Correction  of  books 19 

Certificate  appended  to  books 19 

Appeal  to  Judge   ig 

Notice,  hearing,  decision,   &c 19-22-23-24 

Corrections,  notice  to  registrar,  service 23 

When  application  to  be  heard 24-26 

Persons  engaged  in  army  or  navy 31-33 

Application    31 

Lists  of  applicants,  how  kept 32 

Return  of  lists  to  Registrars 32 

Opening  lists  and  registering 32 

Challenges    32 

Disqualified  voters  causing     or     attempting  to  cause 
themselves  to    be     registered ;  intimidation,  threats, 

&c. ;  assaults,  riots,  &c. ;  penalty 28-29 

Destruction,  mutilation,  erasion  or  alteration  of  regis- 
ters or  voting  books,  penalty 29 

Mutilation,  destruction  or  pulling  down  of  alphabetical 

list  of  qualified  voters,  penalty 29 

Special    elections    29 

Duty  of  Clerks  of  the  Peace 30 

Delivery   of  books,   &c 30 

REPRESENTATIVE  IN  GENERAL  ASSEAIBLY— 

Certificate  of  result  in  election  of 65 

REPRESENTATIVE  IN  CONGRESS— 

Election  of   142-143 

Certificate  of  result  of  election  of 64 

RESIDENCE— 

Necessary  for   Registration 14 

Rules  as  'to 123 

ROAD  COMMISSIONERS  (NEW  CASTLE  COUNTY—) 

Election  of    166-167 

Certificates    68 

Election  of,  in  New  Castle  Hundred 168 

S 

SENATORS.  STATE— 

Certificates  of  result  of  election  of . 64 


17 

SHERIFF— 

Certificate  of  election  of .  .  . 67 

Ballot  boxes,  tally  lists,  &c.,  to  make  and  deliver.  .  .  .49-82 

Delivery  of  registration  books 1 1 

Delivery  of  ballot  boxes,  time  of 49-82 

To  have  printed  and  deliver  to  election  officers  oaths 

for    bribery    59 

Preserving  ballot  boxes,  ballots.  &c 63-70 

Notice  of  writ  of  election 137-143 

Proclamation     of     special  election  to  fill  vacancies  in 

office  of  Representative  in  Congress 143 

Fees  of,  for  serving  process  under  registration  act.  ...      26 

SPECIAL  ELECTIONS— 

Additional    registration    for 29 

To  fill  vacancies  in  General  x'Xssembly 1 37-139 

To  fill  vacancy  in  office  of  Representative  in  Congress.    142 
Special   officers    87 

STAMP— 

Clerk  of  the  Peace  to  provide,  for  marking  ballots.  .  .76-85 

Deliver  of  to  voter 76-85 

Return  to  Clerk    76-85 

Not  to  be  taken  from  room 76-85 

Act  providing  stamps  for  marking  ballots  abolished.  .84-85 

STATE  TREASURER— 

Certificate  of  election  of 65-70 

To  pay  compensation  of  registration  officers 27 

SUPERIOR  COURT— 

Delivery  of  certificates  and  ballot  boxes  to .  60 

Canvass   of   return    92 

Of  whom  court  to  consi-st 61 

Powers  of  court    61 

Delivery  of  ballot  boxes,  to  Sheriff 63 

To  make  certificates     of     result     of     election,  sealing, 

&c    61-62-63 

To  whom  to  deliver  certificates 68 

T 

TALLY  LISTS— 

Form   of.   &c 49" 5° 

Signing    60 

V 

VACANCIES— 

In  office  of  Registration  officer 8-9 


i8 

Governor  to  fill 8-9 

A^OTES— 

Penalty  for  receiving  unlawful 125 

Counting    59 

VOTERS— 

Qualifications   of    I3"57"58 

Assistance,,    when 86-90 

Persons,  engaged  in  military,  &c 93 

VOTERS'  ASSISTANTS— 

Office  of,  abolished 86 

Office  of,  restored 90 

Appointment   of    90 

VOTING— 

Place 36,  &c.,  123 

Mode  of   57-79-80-84 

Time  allowed  for 80 

Of  persons  engaged     in     military  and  naval  organiza- 
tions         93 

Illegal,   penalty    125 

Changes    in.    places.  .  168-169-170-171-172-173-174-175-176- 


J 


177-178.  I 


i 


W  \ 

WRIT  OF  ELECTION— 

To  fill  vacancies  in  General  Assembly 137 

Notice 137 

To  fill  vacancy  in  office  of  Representative  in  Congress  142 

WILMINGTON— 


Time  to  open  election  in 190 


19 


INDEX 

TO 

Laws  Relating  to  Wilmington 

Hundred. 


A 

ASSESSORS— 

Districts  in  Wilmington  Hundred i88 

Election  of,  when  held i88 

Qualifications  of   189 

Qualifications   of   voters 189 

Ascertainment  of,  result  of  election  of 189 

Certificate    189 

Tie  vote,  &c 189 

D 

DEPARTMENT  OF  ELECTIONS— 

Appointment  of   179-186 

Present    members    continued 179 

Qualifications  of  members    179 

Members  not  to  hold  other  offices 179 

Vacancies   in    179 

Political   complexion    180 

Oath  of 180 

Organization     180 

Compensation,  how  paid 180- 184-186 

Duties  of 72-180,  &c.,  185-187 

Office  of,  rent,  &c 184 

To   receive  ballots    yy 

To  select  voting  places 185 

Appointment  of  election  officers,  &c 185 

Increase  in  membership  of 186 

Term  of   186 

Powers  of  new  members 186 

Duties  and  compensation  of 186 

Neglect  of  duty,  or  corrupt  or  fraudulent  practices . .  .    184 
Powers  and  privileges 186 


20 


> 


E  i 

ELECTION  DISTRICTS— 

Division  of  Wilmington  into t8o 

Limits  of,  voters  in,  &c i8o 

Titles  of    i8o 


1 


G 

GOVERNOR— 

To  Appoint  Department  of  Elections 179-186 

To  fill  vacancies  in   179-186 

O 
OATH—  , 

Of  members  of  Department  of  Elections 180 

Of  registration  offtcers 182 

REGISTRATION  OFFICERS—  j 

Appointment   of,   certificate 181 

Recommendation  of  names 181 

Dismissals    and    removals 180- 181 

Qualifications,    politics,    &c 181  1 

Time  and  method  of  c.ppointment 181  '. 

Terms  of  office 181-190 

Alternate  registrar,  when  to  act 182 

Filing   vacancies    in 182 

Oath  and  qualification  of 182-183 

Vacancies,   how    filled 183 

When  ineligible  to  office 183 

Exemptions   from    certain   duties :  .    184 

Exemptions  from  appointment  as 184 


m 


4 


257167 


